California Supreme Court, 1862

Holmes v. Horber

Holmes v. Horber
California Supreme Court · Decided July 1, 1862 · Cope
21 Cal. 55

Holmes v. Horber

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.