Blaco v. Haller
Nebraska Supreme Court
Error to the district court for Washington county. It was an action of forcible entry, and detainer, brought by defendant in error against plaintiff, in the county court of Washington county; finding and judgment for defendant in error.
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Error to the district court for Washington county. It was an action of forcible entry, and detainer, brought by defendant in error against plaintiff, in the county court of Washington county; finding and judgment for defendant in error. Plaintiff in error prosecuted a petition in error to the district court of Washington county, Nebraska, where the findings and judgment of the county court were affirmed by Sava&e, J. To reverse the judgment of the district court, this petition is prosecuted in this court.
1Opinion of the CourtLake, J.
The action below was brought under the statute relating to the forcible entry and detention of real property. .Numerous errors are assigned, but the only ones well taken concern the complaint, which, in the *150opinion of the court, is fatally defective in omitting to charge that the entry and detention complained of were “ unlawful.”
This action is purely a statutory remedy, and can be resorted to only against those who make “ unlawful and forcible entry ” into lands or tenements, or against those who, having a lawful and peaceable entry, “ unlawfully and by force ” hold the same. Code of Civil…
2Cited by8 opinions
- Board of Educational Lands and Funds v. GillettNebraska Supreme Court · 1954
- Federal Nat. Mortgage Assn. v. MarcuzzoNebraska Supreme Court · 2014
- Richardson v. PennySupreme Court of Oklahoma · 1897
- Ingram v. State ex rel. McIntoshNebraska Supreme Court · 1888
- Rice v. WestSupreme Court of Oklahoma · 1893
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