Ford v. Holton

Citations

• 5 Cal. 319
• 1855 Cal. LEXIS 126

Syllabus

<p>Error will not be presumed, but must be affirmatively shown, and all intendmeuls are in favor of the regularity of the Court below.</p> <p>In an action of ejectment where no proof is introduced to show damages, it is no error to refuse to allow the defendant to prove the value of the improvements made by him on the property.</p> <p>At common law no allowance was ever made for improvements, and our Practice Act only permits it, to the extent of being used as a set off to the damages for withholding- the property recovered.</p>