Beardsley v. Morrison
Utah Supreme Court
Appeal from the 3d District Court, Salt Lake County, Hon. A. N. Cherry, Judge. Action by plaintiff against defendants to recover damages for unlawful and forcible ouster and for consequential damage. From a verdict and judgment in favor of plaintiff defendants appeal. Plaintiff contends that he was forcibly ejected from the premises. We submit in all candor that there is not a particle of evidence to sustain such a proposition.
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Appeal from the 3d District Court, Salt Lake County, Hon. A. N. Cherry, Judge. Action by plaintiff against defendants to recover damages for unlawful and forcible ouster and for consequential damage. From a verdict and judgment in favor of plaintiff defendants appeal. Plaintiff contends that he was forcibly ejected from the premises. We submit in all candor that there is not a particle of evidence to sustain such a proposition. We •cite Brooks v. Warren, 5 Utah, 122, where this court has defined forcible entry; also 28 Cal. 202-33. Six of the errors assigned pertain to the insufficiency of…
1Opinion of the CourtJBartch, C. J.
This action was brought to recover damages for unlawful and forcible ouster and for consequential damages. It appears that the defendant, Kinney, owner of certain premises, known as the Everett Hotel, on September 11, 1893, leased the same to the plaintiff for one year from October 1, 1893, with the privilege on the part of the lessee to extend the lease for two years from October 1, 1894. By the terms of the lease, the lessee was to pay $25.00 per month up to January 1, 1894, and $50.00 per month thereafter. It was also provided in the lease that the lessor, within thirty days, after written…
2Cases cited10 opinions
- Myers v. . BurnsNew York Court of Appeals · 1866
- Cook v. . SouleNew York Court of Appeals · 1874
- Hexter v. . KnoxNew York Court of Appeals · 1876
- Wright v. LattinIllinois Supreme Court · 1865
- Ecke v. FetzerWisconsin Supreme Court · 1886
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Noble v. TweedyCalifornia Court of Appeal · 1949
- Shanahan v. CollinsSupreme Court of Colorado · 1975
- Sidney Stevens Implement Co. v. South Ogden Land, Building & Improvement Co.Utah Supreme Court · 1899
- Farmers Development Co. v. Rayado Land & Irrigation Co.New Mexico Supreme Court · 1913
- Ratcliff v. SharrockSupreme Court of Oklahoma · 1915
1 more not listed; retrieve them via the Exa API.