Ryan v. Dougherty

Citations

• 38 Cal. 676

Syllabus

<p>Forcible Entry and Detainer—Statute of 1866.—Forcible entry, within the meaning of the Act of 1866, may be committed by breaking the doors, etc., of a building, without any violence to the person in possession of the building.</p> <p>Idem.—The statute .seems to contemplate that a party may maintain an action for a forcible entry or a forcible detainer; and its purpose is to secure a speedy, if not a summary, restitution of the premises to the party deprived of the possession by the means therein specified.</p> <p>Idem—Demand and Refusal.—A demand for the surrender of the possession, upon the party detaining the same, and a refusal for the period of five days, are essential in order to constitute a constructive forcible detainer, as defined by the • third section of the Act.</p> <p>Idem.—A demand upon the party making the forcible entry, but who did not detain the premises, is ineffectual.</p>