Sheehy v. Flaherty
Montana Supreme Court
Appeal from the First Judicial District, Jefferson County. statement. The plaintiff brought an action in forcible entry and detainer before a justice of the peace of Jefferson County.
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Appeal from the First Judicial District, Jefferson County. statement. The plaintiff brought an action in forcible entry and detainer before a justice of the peace of Jefferson County. The complaint alleged that while the plaintiff was in the possession of certain land the defendant entered thereon by breaking down a portion of the fence enclosing the same, and cut and removed certain growing crops therefrom; and that he was unlawfully detaining and withholding the possession of the premises from the plaintiff. The prayer was for the restitution of the land, and for damages. The answer denied…
1Opinion of the CourtBach, J.
This is an action brought under the Forcible Entry and Detainer Act. It was commenced in the Justice’s Court of Boulder Township, and the defendant took an appeal to the District Court of Jefferson County. The defendant appeals from the judgment entered against him in that court.
The Supreme Court of this Territory has twice decided that neither title nor the right of j>ossession is at issue, or can be made an issue in an action of this kind. (See Parks v. Barkley, 1 Mont. 514; Boardman v. Thompson, 3 Mont. 387.) Those cases, we think, state the rule correctly. We decide, therefore, that the…
2Cases cited4 opinions
- Commonwealth v. DudleyMassachusetts Supreme Judicial Court · 1813
- Croff v. BallingerIllinois Supreme Court · 1856
- Boardman v. ThompsonMontana Supreme Court · 1879
- Parks v. BarkleyMontana Supreme Court · 1872
3Cited by8 opinions
- Spellman v. RhodeMontana Supreme Court · 1905
- Brown v. GrenzMontana Supreme Court · 1953
- Herzog v. the Texas CompanyMontana Supreme Court · 1930
- Lambert v. Helena Adjustment Co.Montana Supreme Court · 1924
- Brand v. ServossMontana Supreme Court · 1891
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