Hislop v. Moldenhauer

This is an action of forcible entry and detainer, originally brought in a justice’s court to recover the possession of a hotel building in East Portland. Judgment went for the plaintiff, from which an appeal was taken to the circuit court; and upon trial after the testimony for the plaintiff was in, the defendant by his counsel moved for a nonsuit on the ground that there was an entire absence of any intent upon the part of the defendant to hold possession of the premises by force. The court granted the motion on the ground that .there was an entire absence of any proof of any force in the…