Dickinson v. Maguire

Citations

• 9 Cal. 46

Syllabus

<p>The action of forcible entry and detainer may be maintained in three cases : First, when the entry is forcible; second, when the entry is simply unlawful, and the detainer forcible; third, when the entry was lawful, and the holding-over forcible. Butin all cases, there must be something of personal violence, either threatened or actual.</p> <p>In an unlawful entry, there must be some ingredient of fraud or willful wrong on the part of the party making the entry.</p> <p>The allegations of a complaint must be construed most strongly against the pleader. A complaint that alleges he is in possession in one place, and in another, avers that he is not, shows no cause of action.</p>