Gervaise

This action was brought to recover the possession of certain real property situated in Los Angeles County, together with damages for its withholding. Judgment was given in favor of the plaintiff, awarding to her the possession of the land, together with ten dollars damages.

The plaintiff has appealed from so much of the judgment as awards to her the sum of ten dollars damages, her contention being that she was entitled to a greater amount.

The sole contention of this appellant is that the finding of the court that she had been damaged, by the withholding of the possession of the premises in the sum of ten dollars, is in conflict with the facts admitted by the pleadings, and that on those admitted facts, she was entitled to judgment for the sum of ten dollars per day from the filing of the complaint to the rendition of the judgment.

The complaint alleged “that the value of the rents and profits of said land and premises is the sum of ten dollars per day and that by reason of the unlawful withholding of the same by the defendant as aforesaid plaintiff has been deprived of said rents and profits since the 16th day of April, 1904, and by the continuance of defendant’s possession…