Hart v. Moon

Decided July 1, 1856

California Supreme Court · decided 1856-07-01

Action of forcible entry. The prayer of the complaint is for restitution, and that defendants may be punished by payment of proper fine, and costs, and damages sustained by plaintiff. The jury rendered a verdict for plaintiff, for $275, which was trebled by the Court. Defendant appealed.

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Decided 1856-07-01

How this case has been cited

Cited by 3 later decisions — most recently February 1924

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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The opinion of the Court was delivered by Mr. Justice Terry.

¶1Mr. Chief Justice Murray concurred.

¶2The decision of Zander v. Coe, limiting the jurisdiction of justices in civil cases, does not apply to proceedings under the statute concerning forcible entry. The motion for non-suit was properly overruled, as there was abundant evidence introduced by plaintiff to justify a verdict in his favor.

¶3The points that the pleadings were insufficient to justify the judgment, and that the Court erred in trebling the damages assessed by the jury, have heretofore been decided in the case of O’Callaghan v. Booth and Deal, at the October term, 1855.

¶4Judgment affirmed, with costs.