Watson v. Whitney

Citations

• 23 Cal. 375

Syllabus

<p>One who, with armed men, enters upon land inclosed with a fence and in the possession of another, and commences the erection of a house, and refuses to deliver up peaceable possession on demand, but makes a show of force to retain it, is guilty of forcible entry and detainer.</p> <p>In an action of forcible entry and detainer, all matters of legal excuse, justification, or avoidance, can be given in evidence by the defendant under a general denial of the allegations of the complaint.</p> <p>The granting or refusing of a change of venue by reason of the bias and preju dice of the citizens of the county, is discretionary with the Court, subject to revision only in cases of abuse.</p> <p>Where the complaint in an action of forcible entry and detainer, prays for treble damages, the Court has the power to treble the damages;' although the complaint does not specially refer to the statute authorizing it.</p> <p>In impanneling a jury each party has a right to put questions to a juror to show ■ not only that there exist proper grounds for a challenge for cause, but to elicit facts to enable him to decide whether he will make a peremptory challenge.</p>