Occidental Real Estate Co. v. Gantner & Mattern

This is an action for unlawful detainer, brought ■ against defendant Morris Levy after default in the payment of rent and three days’ notice in writing demanding its payment and possession of the premises, under subdivision 2 of section 1161, Code of Civil Procedure. Gantner & Mattern (a corporation) was made defendant because in possession of a. portion of the premises as a subtenant of defendant Levy.

The jury rendered a verdict in favor of defendant and against plaintiff, which the court at once upon its own motion vacated, and granted a new trial, and from this order-defendant Levy has appealed to this court.

We say the court upon its own motion vacated the verdict and granted a new trial advisedly, for although the statement of the case upon appeal shows that the attorney for the plain tiff asked the court to make such order, and called its attention to the provisions of section 662, Code of Civil Procedure,, under which such power is granted to the" court, the settled statement, after reciting the fact of the rendition of the verdict by the jury in favor of defendant and against plaintiff, concludes as follows: ‘ ‘ Thereupon the court vacated the verdict and granted a new…