Treat v. Stuart

California Supreme Court

Treat v. Stuart

5 Cal. 113

CourtCalifornia Supreme Court

DecidedJuly 1, 1855

StatusPublished

Cited by3 cases

This text of 5 Cal. 113 (Treat v. Stuart) 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

Treat v. Stuart, 5 Cal. 113 (Cal. 1855).

Pincite

Opinion

Murray, C. J, delivered the opinion of the Court.

Heydenfeldt, J., concurred.

The plaintiff in an action of forcible entry and unlawful detainer, must show an actual peaceable possession in himself at the time of the entry. A landlord cannot sue in this form in his own name for an unlawful entry upon the possession of his tenant.

The remedy is a summary one given by statute to protect the possession and cannot be extended by implication to any others than the real occupants.

The refusal of the Court below so to instruct the jury was error.

Judgment reversed, with costs.

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Murray, C. J, delivered the opinion of the Court.

Heydenfeldt, J., concurred.

The plaintiff in an action of forcible entry and unlawful detainer, must show an actual peaceable possession in himself at the time of the entry. A landlord cannot sue in this form in his own name for an unlawful entry upon the possession of his tenant.

The remedy is a summary one given by statute to protect the possession and cannot be extended by implication to any others than the real occupants.

The refusal of the Court below so to instruct the jury was error.

Judgment reversed, with costs.

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Bluebook (online)

5 Cal. 113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/treat-v-stuart-cal-1855.

Opinion

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