McCarthy v. Yale

Citations

• 39 Cal. 585
• 1870 Cal. LEXIS 107

Syllabus

<p>Pleading—Complaint in Ejectment.—The decision in the case of Payne & Dewey y. Treadwell (1G Cal. 242), as to the form of the complaint in an action of ejectment, affirmed. ■</p> <p>Ejectment.—Judgment fob Damages ob Mesne Pbofits.—AYhere a judgment in ejectment docs not specify whether the sum awarded was for damages or mesne profits, or for both, the presumption is, that the judgment was sustained by the evidence, and such judgment is a bar to a further recovery for the same cause_</p> <p>Idem.—Landlord and Tenant.—AYhen a landlord is entitled to bring an action against a tenant at sufferance under the “Forcible Entry” Act, he may, at his option, after due notice to quit, etc., proceed under the provisions of that Act, or maintain an action of ejectment.</p> <p>Idem. — Pleading—-Judgment—In an action of ejectment by the landlord against a tenant at sufferance, it is not necessary that the complaint should state the tenancy, its termination, the notice, etc.; and when it appears from the pleadings that such tenancy existed, it will be presumed in support of the judgment in favor of the landlord that it was proven on the trial that all the necessary steps to terminate the tenancy had been properly taken.</p> <p>Dehuekeb.—A party to whose pleading a demurrer is interposed is not injured by the failure of the Court to pass on the demurrer.</p>