Diggs v. Porteus

Citations

• 5 Cal. Unrep. 753
• 33 P. 447
• 1893 Cal. LEXIS 1003

Syllabus

<p>‘Appeal—Objections not Raised Below—Unlawful Detainer.— An objection that the legal and equitable issues on a summary proceeding for unlawful detainer were tried together cannot be raised for the first time on appeal.</p> <p>Unlawful Detainer—Definiteness of Verdict.—In an Action for Unlawful detainer, a verdict that “we, the jury,” find for plaintiff “that he is entitled to the possession of the premises in controversy, and assess his damages at $-, and entitled to the sum of $30 as rent per month,” is not sufficiently definite to support a judgment for rent at the rate of $30 per month from April 1st, the date of the termination of the lease under the notice which was conceded to have been given, to July 16th, the date the verdict was rendered.</p>