In the manner stated In the flrst count, unlawfully entered said lot, and appropriated. Jurisdiction Circuit Courts as determined the amount In controversy, receipts, papers home estate, prlvate letters, and documentary papers have no special value write my essay affordable except plaintiff, and has thereby been damaged In the sum nine hundred and ninety-one dollars and demands judgment agalnst said defendants and each them For the sum four thousand dollars damages under the first cause action stated for the sum of nine hundred and ninety-one dollars damages under the second cause action The defendants, in their amended answer, virtually deny each and every allegation in the complaint They deny that at the time the alleged custom writing essay service entry plaintifC v?as in possession the premises, or auy part thereof, or that any articles personal property, except the tent, were said premises deny that they or any them, with a multitude dissertations people or otherwise, except defendants Booth and Butler, entered said premises at ail and allege that one Mrs.
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McGregor was at said time the owner, and one Olay Peters the lessee, said premises, and said Clay Peters was In the actual possession thereof that defendants Booth and Butler entered said premises upon and authority The testimony behalf the plaintiff tended establish the allegations paraphrasing in communication the complaint, except as his ownership the property.
A wide latitude was allowed both parties in the introduction testimony.
The record shows, among other things, that the plaintiff went upon the lot and moved Into the tent June, and continuously remalned in the possession thereof point. Citizenship a status or condition, and the resuit both act and intent. An adult person cannot beeome a citizen a state simply Intending nor does any one beeome such citizen mere residence. The residence and the intent must coexist and correspond and though, under ordinary circumstanees, the former may sufficient evidence the latter, It not conclusive, and the contrary may always shown and when the question of citizenship turns the Intention with which a person has resided in a partlcular state, his own testimony, under ordinary circumstances, entitled to In that case was admitted that the plaintiff had resided in California for a great number years, but testified that never intended beeome a citizen California, or cease a citizen of Nevada. In commenting upon the whole testimony, the court said The evidence only proves that the plaintiff was generally an inhabitant of this City San Francisco for a few years before the commencement this suit But when ûsider that the plalntlff swears posltirely thàt never Intended become a citizen this state, and that no act hls yfhiïe here Is inconsistent with such purpose, the mere fact of the plaiatilf's bodlly presence here for one or ten years, under the circumstances, oi very llttle moment in determinlng his citlzenshlp. The testimony given the plaintiff in opiniop, sufficient to shosv a diversity citizenship between the parties. Can this action sustained upon the testimony given the plaintiff? This question not, as claimed defendants, whether it can sustained as an action forcible entry and unlawful detainer, or for trespass quare clausum fregit. There were doubtless several remedies afforded plaintiff the law which might have availed himself. He could have brought an action forcible entry and unlawful detainer, and treated for restitution. The testimony custom research paper writing in such cases would, course, have applicable the relief sought.
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But the answer defendants contention that the action cannot maintained because the complaint did not demand restitution the property, which the main remedy an action top rated essay writing websites forcible entry and unlawful detainer, the recovery damages being merely incidental thereto, is found in the fact that this not an action pure and simple forcible entry and unlawful detainer, either civil or criminal, or an action trespass quare clausum fregit, although buy mba thesis in several respects is somevvhat analogous thereto, especially in the fact that possession, not title the property, alone involved, and that force was used by defendants in making an entry upon the premises. In actions for forcible entry the title the property not in issue either in civil or criminal proceedings, and, best essay writing service reviews as a generai rule, the question possession alone involved, and the title cannot inquired into. It a summary proceeding, in which an actual peaceable possession the premises must shown have been forcibly taken away or invaded the defendant and, when this shown, the law will restore the possession the party complaining, even if the defendant in fact able show a title. The reason this rule that, if a party have a paramount title property which in the actual possession another, who persista without a valid right in retaining that possession, shall not himself justice force, for this would contrary the law the land, but shall apply the courts justice provided for such purposes, where his rights will recognized and enforced. In the present case clearly appears that plaintiff was deprived the possession the lot and tent acts and appearances tending inspire a just apprehension violence, and calculated to cause a breach the peace.
The books are full cases where it has been said that actual physical force not necessary that is always sufficient if the entry attended with such a display force as manifests an intention intimidate the plaintiff, or deter him from defending his rights, or excite him repel the invasion his possession and thus bring about a breach the peace.
The character this action must determined the pleadings. It an action recover damages for the alleged wrongful and unlawful acts charged have been committed the defendants the plaintiff's injury. It presents some unusual and tmpleasant features and peculiar facts, and in this respect may said exceptional in its character. But the right recover damages for wrongs and injuries well settled. The plaintiiï, having different remedies, may select the form action which vvill give him the relief seeks.
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