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Home > Art, Film & Photography > Reports of Cases Determined in the District Courts of Appeal of the State of California (Volume 25)
Reports of Cases Determined in the District Courts of Appeal of the State of California (Volume 25)

Reports of Cases Determined in the District Courts of Appeal of the State of California (Volume 25)


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915. Excerpt: ... Civ. No. 1508. First Appellate District.--October 7, 1914. MELVILLE S. TOPLITZ et al., Appellants, v. STANDARD CO. (a Corporation), Respondent. Unlawful Detainer--Possessory Action--Cannot Be Defeated By Fact Of Security Given For Kent.--Unlawful detainer is primarily a possessory action, which cannot be defeated or delayed by the fact that the landlord has taken security for his rent, without destroying the manifest design of the legislature (Code Civ. Proc., sec. 1101) to provide a summary remedy for the recovery of the possession of the premises withheld by a tenant in violation of the covenants of a lease or other agreement. Id.--Damages Recoverable Incidentally--Action Not Fob Recovery Of Money--Mortgage To Secure Rent No Bar.--Incidentally a judgment for the plaintiff in an action of unlawful detainer may award such actual damages as may have been occasioned by a withholding over after a breach of the covenants of the lease; and in addition may, if the circumstances of the case justify it, award to the plaintiff by way of punitive damages a sum equal to treble the amount of the rent then due; but in no sense is an action of unlawful detainer one for the recovery of a debt or the enforcement of a right secured by a mortgage given for security of the rent reserved in the lease under which the premises are held, and therefore the existence of such mortgage cannot be pleaded as a bar to the action, under the provisions of section 726 of the Code of Civil Procedure. Id.--Finding As To Mortgage Immaterial--When Plaintiffs EnTitled To Judgment On Appeal.--In an action of unlawful detainer, where the trial court found, in substantial accord with the admitted allegations of the complaint, in favor of the plaintiffs in so far as concerned the execution of the...


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Product Details
  • ISBN-13: 9781153845748
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 366
  • Spine Width: 19 mm
  • Width: 189 mm
  • ISBN-10: 1153845741
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 702 gr


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Reports of Cases Determined in the District Courts of Appeal of the State of California (Volume 25)
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