Brooks v. Warren

Boreman, J:

This is an action of forcible entry and detainer, instituted before a justice of the peace, where judgment was rendered for the plaintiff, (appellant,) and thence the case was appealed by the defendant (respondent) to the district court. In the district court the alleged unlawful detainer was waived, no evidence being introduced in support of it. The hearing was before the court, a jury having been waived. The judgment being given for the defendant, the plaintiff appealed therefrom to this court.

The statute governing this class of cases is as follows: “Every person is guilty of a…