Martin v. Ward

Citations

• 69 Cal. 129
• 10 P. 276
• 1886 Cal. LEXIS 639

Syllabus

<p>Ejectment—Special Issues—Findings against Dependant—Rental Value — Instruction to Find for Plaintiff. — The action was brought to recover the possession of certain land. The complaint was in the usual form, and prayed for the recovery of the possession, with damages for the withholding, and the value of the rents and profits. The answer, besides a general denial, set up the statute of limitations and a previous judgment in bar of the action, and as a cross-complaint, alleged an agreement by the plaintiff to convey the land to the defendant, and prayed for a specific performance thereof. The special issues raised by the cross-complaint were submitted to the jury, who found thereon adversely to the defendant. At the trial, the ownership of the land by the plaintiff at the date of the alleged agreement was admitted. No evidence in support of the plea of a former adjudication was offered, and the evidence was insufficient to sustain the plea of the statute of limitations. The defendant testified that the rental value of the premises was about ten dollars a month. On the coming in of the special verdict, the court instructed the jury to find for the plaintiff, and to fix the rental value at eight dollars a month. Held, that the instruction of the court was proper.</p> <p>Id. —When Court mat Direct Verdict. —The court has power to direct a verdict when there is no conflict in' the evidence.</p>