Newman v. Bird

Citations

• 60 Cal. 372
• 1882 Cal. LEXIS 469

Syllabus

<p>Unlawful Detainer—Landlord and Tenant—Demand for Rent.—In an action by a landlord against a tenant for holding over after default in the payment of rent and demand therefor, the demand proved was for “the sum of ten dollars which became and was due from you as such rent to us on the twenty-eighth day of April, 1879, for the preceding month of your tenancy,” etc. and it was objected that the notice failed to denote what preceding month was intended: Held: The notice was sufficiently definite.</p> <p>Id.—Verification of Pleading by Agent.—In an action of unlawful detainer the complaint was verified by an agent of the plaintiff, who stated in the affidavit that the facts stated in the complaint were within the knowledge of affiant. Held: The complaint was properly verified.</p> <p>Id.—Other Action Pending—Rinding—Conclusion of Law.—Upon the issue of another action pending in the same Court for the same cause of action, the Court found “that there was not at the time of the commencement of this action any other action pending in this Court between the parties to this action for the same cause of action mentioned and contained in the cause of action set forth in the complaint in this action.”</p> <p>Held: The finding was sufficient.</p>