Claudius

Action for forcible entry and forcible detainer. The complaint is in two counts, which allege substantially the following facts: On the ninth day of June, 1928, plaintiffs were in the peaceable and actual possession of certain property located at Twenty-seventh Avenue and Foothill Boulevard, Alameda County. The property was known as the “Lawrence Service Station.” It consisted of a residence, a battery shop and certain personal property, including equipment and the like. It is charged that while plaintiffs were absent from the premises, defendants entered upon said property by force and by breaking open a window and locked doors and took possession of the same. That thereafter on the tenth day of July, 1928, plaintiffs caused to be served upon defendants a demand and notice to surrender the property. It is then alleged in the second count that defendants have forcibly withheld and kept possession of the property at all times since the said ninth day of June, 1928.

After trial judgment went in favor of defendants. Motion for a new trial was made and denied. This is an appeal from the judgment and order.

It is the contention of appellants that all the material allegations of the…