Sullivan v. Cary

Citations

• 17 Cal. 80

Syllabus

<p>In action by a landlord against his tenant, under the thirteenth section of the ^Forcible Entry and Detainer Act, plaintiff must show a demand in writing for possession of the premises.</p> <p>Where in such case the complaint verified alleges such demand, and the answer verified instead of specifically denying the allegation, denies generally “ each and every allegation ’’ in the complaint: Held, that this general denial puts plaintiff on proof of demand, and of everything necessary to maintain the action.</p> <p>An answer in a Justice’s Court, denying generally the allegations of the complaint, conforms substantially to sec. 5*4 of the Practice Act.</p> <p>In an action by a landlord against his tenant, under the thirteenth section of the Forcible Entry and Detainer Act, where the evidence showed a tenancy from year to year, plaintiff must show that he has terminated the tenancy by notice to quit; and if the tenant be permitted to hold over without notice to quit, a new term is created and he cannot be legally dispossessed.</p> <p>Where the questions in a case arise upon motion for nonsuit, and upon the action of the Court in giving and refusing instructions, a motion for new trial is unnecessary.</p>