Polack v. Shafer

Citations

• 46 Cal. 270
• 1873 Cal. LEXIS 170

Syllabus

<p>Writ of Restitution in Forcible Entry.—If a plaintiff, in forcible entry and detainer, recovers judgment, and is placed in possession of the premises by a writ of restitution, and the judgment is afterwards reversed by the Supreme Court, the Court below should restore the defendant to the possession.</p> <p>Misjoinder of Causes of Action in Forcible Entry.—A count for a cause of action, under the Forcible Entry and Unlawful Detainer Act, cannot be joined in (he same action with a count for holding over as a tenant of the plaintiff, contrary to the terms of a lease.</p> <p>Landlord Cannot Maintain Forcible Entry. — The landlord cannot maintain forcible entry or unlawful detainer for an entry made upon the demanded premises after his tenant has entered into possession under a lease.</p> <p>Landlord Cannot Maintain Unlawful Entry.—If an unlawful entry is made upon the possession of the owner, but when ho demands a surrender, the right to the possession has passed from him to his tenant to whom he has made a lease, the landlord cannot maintain unlawful detainer.</p> <p>Complaint in Forcible Entry.—The fraudulent acts which may be alleged, under the fifth section of the Forcible Entry and Unlawful Detainer Act, do not constitute a cause of action, but merely go to the enhancement of damages when a cause of action is made out under the other sections of the Act.</p> <p>Covenant on Part of Lessee in a Lease.—When a lease is made of the entire premises constituting a hotel, and the land surrounding the same, and a covenant on the part of the lessee is inserted, that the lessor may retain and occupy a room in the hotel, and board there, this covenant is not a reservation of the room from the operation of the lease, and for a forcible entry into this room the lessee alone can complain.</p>