Sweeney v. Dahl

Dissenting Opinion

Mttrchie, J.

I am unable to concur. Practice which has the sanction of long use should rarely be cast aside, and never so, in my opinion, without a clear declaration of the procedure which should take its place.

The decision that forcible entry process is not available for an alienee of property, against the former tenant at will of his *148alienor in possession, until after opportunity has been given the latter to vacate the premises without suit, is contrary to earlier decisions in this Court and to the trend of a considerable line thereof. The majority declares the procedure…