Yori v. Phenix
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; A. N. Salisbury, Judge. Action by Maria Yori against George S. Phenix. From a judgment for plaintiff, defendant appeals. The underlying principle in forcible entry, regardless of the rights of the parties, is preservation of peace and good order; in unlawful detainer, the right of possession is the very thing to be litigated. (13 Am. & Eng. Ency.
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Appeal from Second Judicial District Court, Washoe County; A. N. Salisbury, Judge. Action by Maria Yori against George S. Phenix. From a judgment for plaintiff, defendant appeals. The underlying principle in forcible entry, regardless of the rights of the parties, is preservation of peace and good order; in unlawful detainer, the right of possession is the very thing to be litigated. (13 Am. & Eng. Ency. Law, 2d ed. 753, 756; Beck v. Glenn, 69 Ala. 121; Doty v. Burdick, S3 111. 473; Rabe v. Eyler, 48 Am. Dec. 763; Forsythe v. Bullocks, 74 N. C. 135; 19 Cyc. 1145, 1164; Taylor, Landlord and…
1Opinion of the Court
By the Court,
Norcross, C. J.:
This is an action for the restitution of certain real property in the county of Washoe, alleged in the complaint to have been leased by respondent to appellant. The answer denied that the appellant entered or was in possession of the property under and by virtue of a lease. *281For a further and separate defense to the cause of action alleged in respondent’s complaint, appellant alleged that a certain instrument, in form a lease, in which the respondent was named as lessor and the appellant as lessee, was in fact a part of a transaction in which the appellant executed…
2Cases cited5 opinions
- Franklin v. MeridaCalifornia Supreme Court · 1868
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