St. George Scarlett v. Lamarque (1855) · DecisionDepot

St. George Scarlett v. Lamarque

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1855Published

Before: Heydehfeldt

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Holding. The court held that a group of men entering and taking possession of a building at night, while expressing an intent to maintain that possession, constitutes sufficient evidence of force to support an action for forcible entry and detainer.

Issues

Whether the entry and occupation of a building by a group of men at night constitutes sufficient evidence of force for a forcible entry and detainer action.

Disposition. reversed and remanded

Quotations verified verbatim against the opinion

“it is sufficient evidence of force to maintain the action of forcible entry and detainer.”

Synopsis

Whore a party of four or five men enter a building occupied by another in the night time, during the hours of sleep, and take possession, and avow their intention to keep possession, and actually do keep possession, it is sufficient evidence of force to maintain the action of forcible entry and detainer.

Heydehfeldt, J., delivered the opinion of the Court. Murray, C. J., concurred.

Where a party of four or five men enter a building occupied by another, in the night time, during the hours of sleep, and take possession, and avow the intention to keep possession, and actually do keep possession, it is sufficient evidence of force to maintain the action of forcible entry and detainer.

The judgment is reversed, and the cause remanded.

St. George Scarlett v. Lamarque

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