McMinn v. Bliss

Citations

• 31 Cal. 122

Syllabus

<p>Forcible Entry and Detainer Oases pending December 31st, 1863.—The new County Courts, as organized under the amended Constitution, January 1st, 1864, had authority to proceed, try, and determine appeals in cases of forcible entry and detainer pending in the old County Courts on the last day of December, 1863.</p> <p>Construction op Statutes.—Two statutes upon the same subject matter, passed at different times, which are in pari materia, must be read and construed as one Act.</p> <p>Effect op Repeal op a Statute on Pending Action.—A repeal of a statute under which alone a right of action exists, operates as an extinguishment of actions pending when the repeal takes effect, unless there is a subsequent law which enables the Court to try and determine them.</p> <p>Complaint charging Forcible Entry and Detainer.—If the complaint charges a forcible entry with a multitude of people, and a forcible and unlawful detainer, the forcible entry is the gist of the action.</p> <p>Evidence op Forcible Entry.—The evidence must tend to prove an entry by defendants with strong hand, with unusual weapons, or with menace of life or limb, or they cannot be convicted of a forcible entry.</p> <p>Evidence op Forcible Detainer.—There must be evidence tending to prove an actual exhibition of force to retain possession, and of present ability and disposition to use it, to warrant a conviction of a forcible detainer.</p>