Ferguson v. Hoshi

Citations

• 25 Wash. 664
• 66 P. 105
• 1901 Wash. LEXIS 449

Syllabus

<p>UNLAWFUL DETAINER — NOTICE TO QUIT — SUFFICIENCY.</p> <p>Under Bal. Code, § 5527, authorizing an action of unlawful detainer, where notice to quit has been served upon a tenant “more than twenty days prior” to the end of the month or period for which rent was reserved, it is sufficient to give twenty days’ notice prior to the end of the month or period, excluding the day of service.</p> <p>JUDGMENT BY DEFAULT-REVIEW ON APPEAL.</p> <p>Judgment hy default for not answering within the time prescribed by rules of court after the overruling of a demurrer to the complaint will not he disturbed on appeal, when there is nothing in the record showing that defendant was entitled to an extension of time for answering.</p> <p>SAME-DAMAGES RECOVERABLE.</p> <p>Upon a judgment hy default, without the introduction of proof, plaintiff is entitled merely to nominal damages instead of the amount prayed for in his complaint.</p>