Legal Opinion

Kerr v. O'Keefe

California Supreme Court

Decided January 26, 1903No. S.F. 2007PublishedCited by 15 opinions

The facts are stated in the opinion. Sullivan & Sullivan, R. H. Latimer, and F. M. Smith, for Appellant. Forcible entry and forcible detainer are distinct causes of action, and must be stated in separate counts. (Valencia v. Couch, 32 Cal. 342;1 Shelby v. Houston, 38 Cal. 420.) The entry was peaceable, and not forcible, and cannot be complained of in this action.

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The facts are stated in the opinion. Sullivan & Sullivan, R. H. Latimer, and F. M. Smith, for Appellant. Forcible entry and forcible detainer are distinct causes of action, and must be stated in separate counts. (Valencia v. Couch, 32 Cal. 342;1 Shelby v. Houston, 38 Cal. 420.) The entry was peaceable, and not forcible, and cannot be complained of in this action. (Frazier v. Hanlon, 5 Cal. 156; Polack v. McGrath, 25 Cal. 54; Merrill v. Forbes, 23 Cal. 380; Hodgkins v. Jordan, 29 Cal. 577; McMinn v. Bliss, 31 Cal. 126; Buel v. Frazier, 38 Cal. 693; Wilbur v. Cherry, 39 Cal. 660; Peacock v.…

1Opinion of the Court

CHIPMAN, C.

The complaint alleges the peaceable and actual possession of the land in question on September 1, 1896; that on September 3, 1896, “and while plaintiff was in the actual and peaceable possession of said land and premises, the defendant unlawfully entered on the said land, and then and there turned this plaintiff out of. the possession thereof, by threats of violence and menacing conduct towards the plaintiff, and ever since said last-mentioned date said defendants have held, and still hold, the possession thereof, by threats of violence against this plaintiff”; alleges a growing…

2Cases cited5 opinions

  1. McCauley v. WellerCalifornia Supreme Court · 1859
  2. Voll v. HollisCalifornia Supreme Court · 1882
  3. Holland v. McDadeCalifornia Supreme Court · 1899
  4. Preston v. KehoeCalifornia Supreme Court · 1860
  5. Holland v. GreenCalifornia Supreme Court · 1882

3Cited by15 opinions

  1. Jordan v. TalbotCalifornia Supreme Court · 1961
  2. San Francisco & Suburban Home Building Society v. LeonardCalifornia Court of Appeal · 1911
  3. Daluiso v. BooneCalifornia Supreme Court · 1969
  4. Kowing v. WilliamsSouth Dakota Supreme Court · 1954
  5. California Products, Inc. v. MitchellCalifornia Court of Appeal · 1921

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