Early v. Mannix

Citations

• 15 Cal. 149

Syllabus

<p>Ik forcible entry and detainer tried in the County Court, on appeal from a Justice’s Court, plaintiff, having obtained a verdict for one hundred and fifty dollars damages, moved that they be trebled. Motion denied, and judgment entered for one hundred and fifty dollars, with restitution of the premises. Plaintiff applies to the Supreme Court for mandamus to compel the Court below to render judgment for treble damages. Held, that the application must be denied, as plaintiff has an adequate remedy by appeal; pending which, plaintiff can enforce so much of the judgment as awards restitution. The judgment can be corrected in this Court, if proper, by trebling the damages.</p>