Legal Opinion · Concurrence

Buchanan v. Crites

Utah Supreme Court

Decided July 3, 1944No. 6647Published

1ConcurrenceLarson, Justice

I concur in affirming the judgment. The opinion, after an elaborate and scholarly review of the authorities, showing there is a sharp split as to whether the statutory remedy of forcible entry and forcible detainer is the exclusive remedy of a dispossessed tenant, then concludes: “This is a regular civil action for damages.” With this statement I agree, but fail to see any relationship between this action and the long discussion on forcible entry and detainer. Nor can I agree that an entry such as here made was an entry by either force or stealth. It is because of such implications in the…

2Cases cited45 opinions

  1. Louis Kamm, Inc. v. FlinkSupreme Court of New Jersey · 1934
  2. Head v. Georgia Pacific Railway Co.Supreme Court of Georgia · 1887
  3. Sparks v. McCrearySupreme Court of Alabama · 1908
  4. Fort Dearborn Lodge No. 214 v. KleinIllinois Supreme Court · 1885
  5. Cahill v. EastmanSupreme Court of Minnesota · 1872

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