Dickinson v. Maguire
California Supreme Court
Appeal from the County Court of Calaveras County. This was an action commenced in a Justice’s Court to recover Ahe possession of a quartz mining-claim.
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Appeal from the County Court of Calaveras County. This was an action commenced in a Justice’s Court to recover Ahe possession of a quartz mining-claim. The complaint does not allege the value of the claim sued for; but avers that they are the legal owners, and that plaintiffs have legally held and occupied said mining quartz-claim uninterruptedly from the second day of October, a. d. 1856, down to the present time, to wit: the date hereof, with the exception of the unlawful acts of defendants hereinafter set forth, etc. The complaint then avers, “ that defendants, well knowing, etc.,…
1Opinion of the CourtBurnett, J.
This case was lately decided, and upon a petition for a rehearing we are asked to review our decision.
The first section of the statute of this State, Wood’s Digest, 467, prohibits—1. An unlawful entry into lands, tenements, or other possessions; And 2, A forcible entry when the right of entry exists. The same section then provides, in reference to both these cases, that “if any person do the contrary, and be thereof duly convicted, he shall be punished by fine.” The second and third sections also clearly recognize the distinction between a forcible and unlawful entry.
The phrase, “ other…
2Cited by8 opinions
- Jordan v. TalbotCalifornia Supreme Court · 1961
- Colton v. OnderdonkCalifornia Supreme Court · 1886
- Daluiso v. BooneCalifornia Supreme Court · 1969
- Crossen v. CampbellOregon Supreme Court · 1921
- Wegner v. LubenowNorth Dakota Supreme Court · 1903
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