Legal Opinion

Morse v. Boyde

Montana Supreme Court

Decided November 30, 1891PublishedCited by 3 opinions

Appeal from Third Judicial District, Deer Lodge County. Action for forcible entry and unlawful detainer. The cause was tried before W. H. Trippet, Special Judge, sitting in place of Durfee, J. Defendant had judgment below.

1Opinion of the CourtBlake, C. J.

The complaint alleges that the plaintiff, “on the twenty-third day of May, 1887, . . . . was peacefully possessed of and had enclosed the following described property: [Description.] That while plaintiff was so peaceably possessed of said property the defendants, on or about the fifth day of June, 1888, unlawfully entered upon, turned the plaintiff out of same, and still unlawfully detains the same, to plaintiff’s damage in the sum of three hundred dollars.” These allegations are denied by the answer.

The action was tried by the court without a jury, and the following findings of facts were…

2Cases cited4 opinions

  1. Peacock v. LeonardNevada Supreme Court · 1872
  2. Febes v. TiernanMontana Supreme Court · 1870
  3. Holland v. GreenCalifornia Supreme Court · 1882
  4. McEvoy v. IgoCalifornia Supreme Court · 1865

3Cited by3 opinions

  1. Steve v. Bonners Ferry Lumber Co.Idaho Supreme Court · 1907
  2. Harrigan v. LynchMontana Supreme Court · 1898
  3. Barnes v. CoxUtah Supreme Court · 1895

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