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Kincaid v. Johnson

Supreme Court of California
Jan 1, 1874
47 Cal. 618 (Cal. 1874)

Opinion

         Appeal from the District Court, Sixteenth Judicial District, Alpine County.

         Action for partition of property used as a hotel, at Markleeville, Alpine County. The parties were tenants in common, each owning an undivided one half. The defendant occupied the whole property, and the plaintiff claimed that the use of his undivided one half was worth $ 40 per month, and for sixth months, $ 240. The Court ordered a sale of the entire property, and gave judgment for $ 90 rent. The defendant appealed.

         COUNSEL

          George P. Hardinq, for the Appellant.

         Chas. P. Goff, for the Respondent.


         OPINION          By the Court:

         This appeal is by the defendant from a judgment for $ 90. The answer admits that the defendant was liable to the plaintiff for the rent of the property, but avers that the amount due was only $ 70. The proof as to the value of the rents was conflicting, and we cannot disturb the judgment on the ground that it was not justified by the evidence, in respect to the amount due. The appeal is frivolous, and was apparently taken for delay.

         Judgment affirmed, with fifty per cent. damages. Remittitur forthwith.


Summaries of

Kincaid v. Johnson

Supreme Court of California
Jan 1, 1874
47 Cal. 618 (Cal. 1874)
Case details for

Kincaid v. Johnson

Case Details

Full title:BENJAMIN KINCAID v. WILLIAM A. JOHNSON

Court:Supreme Court of California

Date published: Jan 1, 1874

Citations

47 Cal. 618 (Cal. 1874)

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