McEvoy v. Igo

By the Court, Sawyee, J.

The complaint in this case does not state facts sufficient to entitle plaintiff to recover in an action under the Forcible Entry and Detainer Act. If plaintiff is entitled to recover in this action on the evidence introduced, it is on the ground, that, there was a forcible entry, or a forcible detainer after an unlawful entry, or both. The evidence was, perhaps, sufficient to show a forcible entry within the principle of Minturn v. Burr, 16 Cal. 107, and 20 Cal. 49, but no force, either in the *376entry, or detainer, is alleged. After stating possession of the land, the…