From Casetext: Smarter Legal Research

Holmes v. Horber

Supreme Court of California
Oct 1, 1862
21 Cal. 55 (Cal. 1862)


         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 their 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 error.


         John Reynolds, for Appellants.

          W. W. Chipman, for Respondent.

         JUDGES: Cope, J. delivered the opinion of the Court. Field, C. J. and Norton, J. concurring.


          COPE, Judge

         This 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.

         Judgment affirmed.

Summaries of

Holmes v. Horber

Supreme Court of California
Oct 1, 1862
21 Cal. 55 (Cal. 1862)
Case details for

Holmes v. Horber

Case Details

Full title:HOLMES v. HORBER

Court:Supreme Court of California

Date published: Oct 1, 1862


21 Cal. 55 (Cal. 1862)

Citing Cases

Lawrence v. Ballou

They entered a voluntary appearance, which waives all defects. (Hayes v. Shattuck , 21 Cal. 55; Allen…

Frankel Co. v. Creditors

The authority of the attorney, W. E. F. Deal, to appear for the absent partners and assent in their behalf to…