Frisbie v. Whitney
JOHN B. FRISBIE v. LEVI H. WHITNEY
- Area
- civil
- Panel
- Sawyer (author), Richard W. Rhodes, Silas S. Sanderson, Shafter
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Sawyer
SAWYER, J.
We think the facts of this case, as shown hy the evidence, insufficient to maintain the action of forcible entry and detainer. The entry was peaceable. Admitting that the entry was unlawful, within the meaning of the statute relating to this action, as heretofore construed by the supreme court, there is no sufficient evidence of' a forcible detainer to justify a recovery.
The facts proved would be sufficient to authorize a recovery in an action of ejectment, but not in an action for an unlawful entry and forcible detainer. Tbe latter action is highly penal in its character and must be confined to the cases specified in the statute. To sustain the recovery in this case would be to abolish all distinctions between the actions of ejectment, and forcible entry and detainer. The motion for a nonsuit should have been granted.
Judgment reversed and the court below directed to enter a judgment of nonsuit.
We concur: Sanderson, C. J.; Shafter, J.; Rhodes, J.