Risley v. Rice

The only question on. this motion is, whether, in addition to costs, the defendants must pay the judgment for seventy-two dollars, recovered against the defendant, Eice. Under section 1525, Code Civ. Pro., the defendant is *169required to pay, in addition to costs, “all damages other than for rents and profits or for use and occupation awarded” by the jury. An action of ejectment is an action to recover the immediate possession of real property (Oode § 3313, sub. 20,) and in such action plaintiff may demand in his complaint, and in a proper case recover damages for withholding the property,…