Thompson v. Wolf
Oregon Supreme Court
Appeal from Washington County. The facts are stated in the opinion of the court. At common law there was no remedy given for the forcible entry upon, or unlawful detention of real' property; such remedy is purely the creature of statute, and in derogation of the common law; and no principle is better settled, or more wholesome, than that where extraordinary powers are conferred, or summary proceedings are authorized, all the steps and proceedings required must be strictly…
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Appeal from Washington County. The facts are stated in the opinion of the court. At common law there was no remedy given for the forcible entry upon, or unlawful detention of real' property; such remedy is purely the creature of statute, and in derogation of the common law; and no principle is better settled, or more wholesome, than that where extraordinary powers are conferred, or summary proceedings are authorized, all the steps and proceedings required must be strictly pursued to give jurisdiction, or the whole proceedings will be void. (Sedg. on Stats, and Const. Law, 347; 12 Cal. 500;…
1Opinion of the Court
By the Court, McArthur, J.:
This action was begun in the circuit court for Washington county. From the complaint it appears that the respondent’s grantor on May 20, 1874, “leased and let” to the appellant “as tenant at will or by sufferance ” a certain parcel of land in Washington county. Thereafter the land was conveyed to respondent, and on February 16, 1877, he served appellant with notice to quit. The prayer is for judgment against appellant “for possession and restitution of the possession ” of the premises. It is unnecessary to allude to the pleadings subsequent to the complaint, or to…
2Cited by8 opinions
- Johnson v. CrookshanksOregon Supreme Court · 1891
- Wilson v. MatthewsOregon Supreme Court · 1981
- Wolfer v. HurstOregon Supreme Court · 1905
- Zelig v. Blue Point Oyster Co.Oregon Supreme Court · 1909
- State v. AmsdenOregon Supreme Court · 1917
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