Nolan

Unlawful detainer. This action was brought in justice’s court, claiming- twenty-five dollars rent due, also fifty dollars damages for waste and injury and detention -of the premises, and “that said damages may be trebled.” The cause was tried and judgment passed for plaintiffs, and defendants appealed to the superior court on questions of law and fact. In the superior court counsel appeared for all the defendants; no objection was made to the jurisdiction of the court over the subject-matter or parties; “the demurrer was not presented or argued before the superior court, or passed upon by the superior court, but said cause was tried upon its merits by both parties without objection of either party to the jurisdiction of the superior court, and that both parties consented to have said cause tried by the superior court.” The court filed findings, that all the allegations of the complaint are true, and all the allegations of the answer are untrue; that the true name of John Doe Craner is J. Wesley Craner; that said defendant has ¡appeared and answered in his true name, and the other defendants have answered herein; that defendants rented the premises in question “at the monthly…