Wells v. Darby
Montana Supreme Court
Appeal from, First Judicial District, Lewis and Clarice County. Forcible entry and detainer. Judgment was rendered for the defendant below by Buck, J., on motion for nonsuit. A lorcible entry and detainer is a violent taking and keeping possession by one, of any lands and tenements occupied by another, by means of threats, force, or arms and without authority of law. (8 Am. & Eng.
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Appeal from, First Judicial District, Lewis and Clarice County. Forcible entry and detainer. Judgment was rendered for the defendant below by Buck, J., on motion for nonsuit. A lorcible entry and detainer is a violent taking and keeping possession by one, of any lands and tenements occupied by another, by means of threats, force, or arms and without authority of law. (8 Am. & Eng. Ency of Law, 101.) The law implies that an unauthorized entry upon the premises of another is made with force, and no evidence of such force is required. (Febes v. Tierman, 1 Mont. 179; Burt v. State, 3 Brev. 413.)…
1Opinion of the CourtPemberton, C. J.
This is an action of forcible entry and detainer.
In the trial of the cause in the court below, at the close of the testimony on the part of plainliffj the defendant moved for a nonsuit on the ground “that the said plaintiff lias.failed to prove a sufficient cause to entitle him to a judgment herein, inasmuch as he has failed to prove a forcible or unlawful entry of the premises in question.”
The court sustained the motion, and entered judgment in favor of defendant for costs. From this action of the court this appeal is prosecuted.
'ihe evidence in the case is substantially as follows:
Plaintiff…
2Cases cited2 opinions
- Sheehy v. FlahertyMontana Supreme Court · 1889
- Febes v. TiernanMontana Supreme Court · 1870