Polack v. Gurnee

Citations

• 66 Cal. 266
• 5 P. 229
• 1884 Cal. LEXIS 754

Syllabus

<p>Equitable Action — Adverse Claim to Beal Estate— Destitution op Premises.—In an action to determine an adverse claim to real property, brought by a person in possession at the time the action was commenced, but who, during its pendency, is turned out of possession, a judgment in favor of the plaintiff may provide for a restitution of the premises ; and such action is not thereby changed into one for the recovery of the possession of the land, but remains an equitable one.</p> <p>Id.—Use and Occupation.—In such an action it is error for the court to render judgment for the value of the use and occupation of the premises for the time the defendants were in possession.</p> <p>Id.—Jury Trial—Waiver.—Where a case was set down by consent of counsel for trial before the court, and afterwards came on regularly for trial before the court-without a jury, and the trial actually began, it is a waiver of a trial by jury.</p>