Waters v. Dumas

Citations

• 75 Cal. 563
• 17 P. 685
• 1888 Cal. LEXIS 585

Syllabus

<p>Joint Trespass—Dependants Sued Jointly — Husband and Wipe— Demurrer. —The complaint in an action to recover for a joint trespass against individuals who are husband and wife, which does not allege their marital relation, is not demurrable for a failure to state why she is joined as a defendant with him.</p> <p>Id.—Malicious Trespass—Damages—Instruction.—In an action to recover for a wanton and malicious trespass, in which special facts in aggravation of damages are alleged in the complaint, it is not error to refuse to instruct the jury that the plaintiff is only entitled to such damages as she may have sustained in the temporary use and occupation oí the premises, and not to special damages.</p> <p>Verdict—Time op Entry. —A verdict will not he set aside for a failure to enter judgment thereon within twenty-four hours after its rendition.</p>