State v. Pittenger

Citations

• 37 Wash. 384
• 79 P. 942
• 1905 Wash. LEXIS 739

Syllabus

<p>Landlord and Tenant — Forcible Entry and Detainer — Pleadings — Complaint-—Allegation of Title — Sufficiency. In an ' action of forcible entry and detainer, a complaint alleging that the defendant entered premises as tenant of another, and that subsequently- the premises were decreed to the plaintiff and that plaintiff is now the owner thereof, sufficiently alleges plaintiff’s title, as against a demurrer, and that he was entitled to the rent, within Pierce’s Code, § 1170.</p> <p>Same — Judgment—Rent Accruing After Filing of Complaint —Pleading—Supplemental Complaint. In an action of forcible entry and detainer in which the complaint demands judgment for the rent for specified months, the plaintiff is not entitled to judgment for rent maturing after the filing of the complaint, where no supplemental complaint was filed; and the amount found due as such rent cannot he sustained as damages, hut the judgment is excessive to that extent.</p> <p>Pleadings — Amendment to Conform to Proof. Where the defendant’s demurrer to the complaint is overruled and he stands thereon, the judgment must he limited to the demand in the complaint, and amendments to conform to the proof cannot he made.</p>