John Wigmore v. Buell

Citations

• 116 Cal. 94
• 47 P. 927
• 1897 Cal. LEXIS 515

Syllabus

<p>Ejectment—Damages—Amendment of Answer—Counterclaim—Trespass oe Cattle upon Contiguous Premises.—In an action of ejectment to recover the possession of a tract of land, with damages for its detention, and for the value of the rents and profits, a proposed amendment to the answer, setting forth a claim for damages in consequence of the cattle and stock of the plaintiffs running and grazing upon lands of the defendant contiguous to the demanded premises, does not constitute a defense to the action, nor a proper subject matter of counterclaim, and such proposed amendment is properly disallowed.</p>