Parks v. Barkley
Montana Supreme Court
Appeal from the First District, Jefferson County. •In May, 1872, the court, Murphy, J., dismissed this action, and Parks appealed. The facts are stated in the opinion. The court erred in dismissing this action. The pleadings do not raise the'question of title. The complaint is in the usual and proper form. 2 Estee’s PI. 520. The question of title cannot arise in a forcible entry and detainer case.
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Appeal from the First District, Jefferson County. •In May, 1872, the court, Murphy, J., dismissed this action, and Parks appealed. The facts are stated in the opinion. The court erred in dismissing this action. The pleadings do not raise the'question of title. The complaint is in the usual and proper form. 2 Estee’s PI. 520. The question of title cannot arise in a forcible entry and detainer case. The object of the law is to prevent the disturbance of the peace by the forcible assertion of a private right. The proof of title does not affect the case. Mc-Cauley v. Weller, 12 Cal. 524; Mitchell…
1Opinion of the CourtKnowles, J.
This was an action of forcible entry and unlawful detainer. The complaint is in accordance with the precedents, and states facts sufficient to constitute a cause of action. The cause was tried before a justice of the peace, *516and a verdict rendered for plaintiff and judgment entered accordingly. Prom this judgment the defendant appealed to the district court for Jefferson county. The defendant renewed a motion before the district court he had made in the justices’ court for a dismissal of the cause of action, for the reason that the question of title had been raised by the pleadings. The court…
2Cited by4 opinions
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- State Ex Rel. Hamshaw v. Justice CourtMontana Supreme Court · 1939