State v. Pope

(dissenting) — Until the legislature gives specific authority to officers to break into a dwelling fiouse to execute a writ of replevin, I cannot acquiesce in a decision which sustains their right to do so. And, in view of the distinction always maintained in English and American jurisprudence between the dwelling house and other buildings, I think the court is not warranted in holding that the legislature of 1854, in enacting Rem. Rev. Stat., § 714 [P. C. § 8428], ever contemplated that the term “building” would ever be construed to mean dwelling house.

Our statutes defining first and second…