Howard v. Valentine

Citations

• 20 Cal. 282
• 1862 Cal. LEXIS 52

Syllabus

<p>Where the complaint in a Justice's Court, in addition to a good cause of action, contains averments and prays relief respecting matters not within the jurisdiction of the Court, the action should not for that reason be dismissed, but the Court should direct an amendment or disregard the objectionable matter.</p> <p>The effect of the provisions of section twelve of the Horrible Entry and Unlawful Detainer Act is to put rents upon the same footing with other damages—their amount, during the period of detention, to be ascertained by estimating their monthly value.</p> <p>In an action under the thirteenth section of said act, the recovery of rent is limited to those accruing after the possession of the tenant has become unlawful, and rents accruing prior to that time are not recoverable.</p> <p>In such action, the jurisdiction is not affected by the amount of rents, and judgment may be rendered by a Justice’s Court for the entire amount, however large, accruing during the unlawful detention.</p> <p>In an action under the thirteenth section of the Horcible Entry and Unlawful Detainer Act, the tenant in possession and from whom restitution and damages were sought, was a married woman and a sole trader, and her husband was made a codefendant with her, but no relief was asked against him, except for restitution of the premises : Held, that there was no misjoinder of parties of which either of defendants could complain.</p>