Holmes v. Horber
Before: Cope
Synopsis
In an action of forcible entry and detainer the value of the rents and profits of the premises is not required by the statute to be stated in the complaint, and without such statement may be awarded as damages.
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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