Johnson v. Erwine
Court of Appeals of Kentucky
CASE 10-= — APPEAL PROM M’LEAN CIRCUIT COURT. Johnson sued out from the presiding judge of the McLean county court a warrant of forcible detainer against Erwine. On the inquisition in the country a verdict and judgment were rendered against the defendant, who traversed the inquisition.
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CASE 10-= — APPEAL PROM M’LEAN CIRCUIT COURT. Johnson sued out from the presiding judge of the McLean county court a warrant of forcible detainer against Erwine. On the inquisition in the country a verdict and judgment were rendered against the defendant, who traversed the inquisition. Upon the calling of the cause in the circuit court Erwine moved to quash the warrant, with the other proceedings had under it, and to dismiss the case, because the warrant had been issued by the county judge, which motion was overruled. The law and facts were submitted to the court, and judgment was rendered…
1Opinion of the CourtChief Justice Stites
A writ of forcible entry and detainer can only be issued by a justice of the peace. Such was the law under the act of 1810, (1st vol. Digest, 725,) and the Civil Code {section 502,) prescribes the same mode of procedure in such cases.
A county judge, though possessing all the powers of a justice of the peace in criminal and penal cases, and other powers of a like character enumerated in the Revised Statutes, (1st vol. Stanton's edition, 325,) has no right to issue a warrant of forcible entry and detainer; and such process, when issued by him, together with all steps taken thereunder, is void.…
2Cited by6 opinions
- State v. AdamsSupreme Judicial Court of Maine · 1886
- Hurlbutt v. CurrierSupreme Court of New Hampshire · 1894
- Cessna v. StedmanCourt of Appeals of Kentucky · 1864
- Fellows v. HoytSupreme Court of New Hampshire · 1897
- Foster v. PlummerMassachusetts Supreme Judicial Court · 1849
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