St. George Scarlett v. Lamarque

California Supreme Court

St. George Scarlett v. Lamarque

5 Cal. 62

DecidedJuly 1, 1855

StatusPublished

This text of 5 Cal. 62 (St. George Scarlett v. Lamarque) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

St. George Scarlett v. Lamarque, 5 Cal. 62 (Cal. 1855).

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Opinion

Heydehfeldt, J., delivered the opinion of the Court.

Murray, C. J., concurred.

Where a party of four or five men enter a building occupied by another, in the night time, during the hours of sleep, and take possession, and avow the intention to keep possession, and actually do keep possession, it is sufficient evidence of force to maintain the action of forcible entry and detainer.

The judgment is reversed, and the cause remanded.

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Heydehfeldt, J., delivered the opinion of the Court.

Murray, C. J., concurred.

Where a party of four or five men enter a building occupied by another, in the night time, during the hours of sleep, and take possession, and avow the intention to keep possession, and actually do keep possession, it is sufficient evidence of force to maintain the action of forcible entry and detainer.

The judgment is reversed, and the cause remanded.

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Bluebook (online)

5 Cal. 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-george-scarlett-v-lamarque-cal-1855.