Tivnen v. Monahan

Citations

• 76 Cal. 131
• 18 P. 144
• 1888 Cal. LEXIS 839

Syllabus

<p>Forcible Detainer—Entry during Absence oe Occupant—Demand for Surrender. — An occupant of land which has been unlawfully entered upon by another during his temporary absence cannot maintain an action of forcible detainer against the intruder without first making the demand for its surrender required by subdivision 2 of section 1160 of the Code of Civil Procedure.</p> <p>Id. — Forcible Entry — Scrambling Possession. — One who has never had the actual peaceable possession of a building, and whose only possession has been a scrambling one, cannot maintaim an action for a forcible entry, under subdivision 1 of section 1159 of the Code of Civil Procedure.</p> <p>Evidence—Immaterial Error. —The admission of irrelevant and immaterial evidence which is without prejudice is not a reversible error.</p>