14 Cal. 125 | Cal. | 1859
delivered the opinion of the Court—Baldwin J. concurring.
This is an action in the nature of an action of trespass for mesne profits at common law. On the trial of the cause, the plaintiffs offered in evidence the record in another action, in which the defendant, Richards, sued one McCorkle for the use and occupation of the same land and premises, from the 13th day of July, 1855, until the 14th day of June, 1856, and claimed that the value of such use and occupation was one thousand dollars per month. At the time of commencing his action, Richards made and filed an affidavit for an attachment, in which he swore to the justice of his demand against McCorkle,
Judgment reversed and cause remanded.