Hicks v. Herring

Citations

• 17 Cal. 566

Syllabus

<p>Undek the twelfth section of our Forcible Entry and Detainer Act, plaintiff is not compelled to claim damages for waste and injury, or for rents and profits. He may simply claim possession; and, in a subsequent suit, may recover damages for waste committed pending the action of forcible entry and detainer.</p> <p>In forcible entry and detainer it is optional with plaintiff either not to claim any damages, or to claim only such as arise from loss of rents, or from. waste, or from both. There is no such connection between the rents and profits and waste committed as to require the damages from the loss of the one and the commission of the other to be united in the same demand.</p> <p>Query: Whether, if plaintiff in forcible entry and detainer inserts in his complaint a conditional prayer, that if waste be committed on the property pending the suit, investigation be had in relation thereto, and the damages occasioned thereby be allowed, he is then entitled to prove such damages, and have them assessed by the jury.</p> <p>In actions for damages the rule is, that the proof of damage may extend up to the time of verdict as to all facts which flow as a natural result from the injury for which suit is brought.</p>