Jones v. Shay

Citations

• 50 Cal. 508

Syllabus

<p>Eoboible Entby and Detainee.—A person who is in the actual and peaceable possession of land, as the tenant at will of another, may maintain an action of forcible entry and detainer, if forcibly dispossessed.</p> <p>Tenant at Will.—If the owner of land permits another to occupy land without any lease or agreement to pay rent, and such other merely takes care of it for the owner, he is a tenant at will.</p> <p>Eeactice as to Review oe Evidence.—If the proof does not warrant the damages awarded in an action of forcible entry, the defendant, if he wishes to have the question reviewed, should either move for a new trial on that ground, or specify in his bill of exceptions in what particulars the evidence did not justify the decision.</p>