State v. . Mills
Supreme Court of North Carolina
Forcible Entry. This is an Indictment for Forcible Entry, tried at Fall Term, 1889, of Polk Superior Court, Merrimon, /.. presiding. The jury returned the following special verdict: “ One Perry Bomer' was the tenant occupying the house of T. T. Ballinger and others, and about the first day of January, 1889, went to said Ballinger and told him that he was going to move, and that he (Ballinger) might come and take possession of the house.
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Forcible Entry. This is an Indictment for Forcible Entry, tried at Fall Term, 1889, of Polk Superior Court, Merrimon, /.. presiding. The jury returned the following special verdict: “ One Perry Bomer' was the tenant occupying the house of T. T. Ballinger and others, and about the first day of January, 1889, went to said Ballinger and told him that he was going to move, and that he (Ballinger) might come and take possession of the house. Ballinger went to the house, went in and began nailing down the windows. While he was thus engaged in the house, the defendant W. E. Mills came, accompanied…
1Opinion of the Court
Clark, J.:
To constitute the offence of forcible trespass,, there must be either actual violence used, or such demonstration of force as was calculated to intimidate, or alarm, or involve, or tend to a breach of the peace. State v. Pearman, Phil., 371. The show of force must be such as to create a reasonable apprehension in the adversary that he must yield to avoid a breach of the peace. State v. Pollok, 4 Ired., 305. In the present case there was neither display of weapons, threats of violence, nor unusual numbers. There was nothing said or done which should have intimidated or overawed a man…
2Cases cited4 opinions
- State v. . WinslowSupreme Court of North Carolina · 1886
- State v. . CovingtonSupreme Court of North Carolina · 1874
- State v. . HinsonSupreme Court of North Carolina · 1880
- State v. . LloydSupreme Court of North Carolina · 1881
3Cited by5 opinions
- Southern Railway Co. v. Lima Wood & Coal Co.Supreme Court of Virginia · 1931
- State v. GalenCourt of Appeals of Washington · 1971
- State v. . DavisSupreme Court of North Carolina · 1891
- State v. BirkheadCourt of Appeals of North Carolina · 1980
- Johnson v. Hawkeye Commercial Men's Ass'nSupreme Court of Iowa · 1915