Rimmer v. Blasingame

Citations

• 94 Cal. 139
• 29 P. 857
• 1892 Cal. LEXIS 655

Syllabus

<p>Forcible Detainer — Pleading — Demand for and Refusal to Surrender Possession. — In an action of forcible detainer, a complaint verified on the 3d of September, 1890, and filed on the 6th of the same month, which avers a demand for the surrender of possession made on the 4th of the preceding March, and a continuous refusal since then to comply with the demand, sufficiently alleges a refusal to surrender possession within five days after demand to sustain a judgment for the plaintiff for the restitution of the premises, for trebled damages, and for costs.</p> <p>Id.—Judgment — Trebled Damages.—In an action of forcible detainer, the plaintiff, upon recovering a verdict which assesses the damages caused by the forcible detainer, is entitled to have judgment rendered against the defendant guilty of the forcible detainer for three times the amount of the damages thus assessed.</p>