Alden

The action was brought to recover possession of certain real property in Suisun, Solano County, for rents due up to the timé of the termination of the tenancy, and for treble costs for the period subsequent to that date. At the first trial judgment was rendered for defendant, from which an appeal to the supreme court was taken and a reversal had. (Alden v. Mayfield, 164 Cal. 6 , [ 127 Pac. 45 ].) The new trial resulted in a judgment “that said plaintiff have and recover from said defendant the sum of six hundred and fifty dollars with interest thereon from the first day of April, 1911, . . . and that plaintiff is not entitled to and shall not recover treble rents. ’ ’ From this judgment, and the order denying her motion for a new trial, plaintiff has appealed, claiming that the rent due was one thousand dollars, and that it should have been trebled, that the judgment, in other words, should have been in her favor for three thousand dollars.

Two questions, then, are presented for determination: First, whether there is any evidence to support the finding of the trial court that the rental value of the premises was $65 per month; and, second, whether there is any justification for…