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Rule 805. Damages


Where it is alleged and proved that one of the parties is in possession of the premises, the court or jury, if they find for the adverse party, shall assess the damages for the use and occupation of the premises. If special injury to the property be alleged and proved, the damages for such injury shall also be assessed, and the proper judgment shall be entered therefor, on which execution may issue.

Source: Art. 7389 (part). No change.

For context only: Art. 7389 (part): Damages shall not be assessed under this article for use and occupation or for injuries done over two years prior to the commencement of the suit.

Note: By Rule 818 "this article" is construed to embrace Rule 805.

Oct. 29, 1940, eff. Sept. 1, 1941.