Adams

This is an action of forcible entry and detainer. The plaintiff had judgment, and the defendant appeals from an order denying his motion for a new trial.

It is alleged in the complaint that on the twentieth day of August, 1889, the plaintiff was, and had been for five days previous thereto, the owner and in the actual *300 possession of a certain building, situated on the south side of McAllister street, in San Francisco, and known as number 1911 McAllister street, and that on the day named, “ while the plaintiff was in peaceable and actual possession thereof, the defendant unlawfully, violently, and without cause ejected the plaintiff and his tenant of said building then and there being, and took possession of and has ever since held .possession of said building forcibly and against the will of plaintiff.”

The answer “ denies that the said plaintiff had been for five days previous to August 20, 1889, or is now, or ever has been, in the actual or any other possession of the premises in said second amended complaint described; denies that on the twentieth day of August, 1889, or at any time, or at all, upon said building and premises, while plaintiff was in the peaceable or…