Ballerino

— Ballerino brought this action against Mrs. Bigelow, claiming that she had forcibly deprived him of the possession of certain premises, and in pursuance of' such forcible entry unlawfully detains the same from him. . -

*501 The damages claimed was the sum of two hundred dollars, and it is also alleged in the complaint that the rental value of the premises did not exceed twenty-five dollars per month.

The cause was originally brought in a justice’s court, and judgment being rendered for the plaintiff, an appeal was taken upon the law and facts to the superior court of the proper county. There a trial was had de novo, and judgment was rendered for the plaintiff, that he recover the premises and $510 as damages, that being treble the amount of the damages sustained, which judgment for damages was awarded in accordance with the provisions of section 1174 of the Code of Civil Procedure. From this judgment, and an order denying a new trial, this appeal is taken.

There are several points made for the reversal of the judgment and order, but it becomes necessary to determine but one, which, as we think, is conclusive of the matter.

While the complaint only alleges that the rental…