Holmes v. Horber

Decided July 1, 1862

California Supreme Court · decided 1862-07-01

Appeal from the County Court of the City and County of San Francisco. The complaint in this action claimed as damages the rents and profits of the premises detained, but in regard to then value only alleged “ that the monthly value of the premises is-dollars.” The Court found the monthly value to be seventy-five dollars, and rendered judgment for treble the amount accruing during the period of detention at that rate. Defendant appeals, alleging this as error.

Cited by 1 later decisions — most recently July 1865

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1862-07-01

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Cope, J. delivered the opinion of the Court

¶1Field, C. J. and Norton, J. concurring.

¶2This is an action of forcible entry and detainer. The necessary facts are alleged in the complaint and found by the Court, and the judgment is in accordance with the pleadings and finding. It is objected that the Court erred in awarding as damages the value of the rents and profits, such value not being stated in the complaint. We are of opinion that no error was committed in this respect, as the statute does not require the value to be stated.

¶3Judgment affirmed.