Holmes v. Horber

California Supreme Court

Holmes v. Horber

21 Cal. 55

CourtCalifornia Supreme Court

DecidedJuly 1, 1862

StatusPublished

Cited by1 cases

This text of 21 Cal. 55 (Holmes v. Horber) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Holmes v. Horber, 21 Cal. 55 (Cal. 1862).

Pincite

Opinion

Cope, J. delivered the opinion of the Court

Field, C. J. and Norton, J. concurring.

This is an action of forcible entry and detainer. The necessary facts are alleged in the complaint and found by the Court, and the judgment is in accordance with the pleadings and finding. It is objected that the Court erred in awarding as damages the value of the rents and profits, such value not being stated in the complaint. We are of opinion that no error was committed in this respect, as the statute does not require the value to be stated.

Judgment affirmed.

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Cope, J. delivered the opinion of the Court

Field, C. J. and Norton, J. concurring.

This is an action of forcible entry and detainer. The necessary facts are alleged in the complaint and found by the Court, and the judgment is in accordance with the pleadings and finding. It is objected that the Court erred in awarding as damages the value of the rents and profits, such value not being stated in the complaint. We are of opinion that no error was committed in this respect, as the statute does not require the value to be stated.

Judgment affirmed.

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Bluebook (online)

21 Cal. 55, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holmes-v-horber-cal-1862.

Opinion

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