Phillips v. Gunby

This was an action before a justice of the peace for forcible detainer, and is now before this court on certiorari. The remedy of forcible detainer being a special statutory proceeding, summary in its nature, and involving the possession of the property, the statute creating the remedy should be pursued with reasonable strictness. The action is based on the exclusion from possession, and can be maintained only by him who held the peaceable possession of the property in contemplation of law at the time of dispossession. And, whenever such-an action is brought, peaceable possession of the…