Mcevoy v. Igo

5 Citing cases

  1. Sanchez v. Loureyro

    46 Cal. 641 (Cal. 1873)   Cited 3 times

    COUNSEL:          Charles E. Huse, for Appellant, cited Hodgkins v. Jordan , 29 Cal. 577; Polack v. McGrath , 25 Cal. 132; McMinn v. Bliss , 31 Cal. 132; McIvoy v. Igo , 27 Cal. 375; Valencia v. Couch , 32 Cal. 340; Thompson v. Smith , 28 Cal. 527.           A.

  2. Treat v. Forsyth

    40 Cal. 484 (Cal. 1871)   Cited 2 times

    This Court has repeatedly held that forcible detainer must be accompanied with violence, actual or threatened. (McEnvoy v. Igo, 27 Cal. 375; Valencia v. Couch, 32 Cal. 340; Thompson v. Smith, 28 Cal. 527.)          The plaintiff must, in order to make out forcible detainer, bring the case within the third section of the Act of 1865-6.

  3. Butler v. Welton

    40 Cal. 351 (Cal. 1870)   Cited 3 times

    As to the entry which will be deemed forcible: McMinn v. Bliss, (31 Cal. 122); Thompson v. Smith, (28 Cal. 527); Frazier v. Hanlon, (5 Cal. 156). And as to the forcible detainer within the purview of the Act: Hodgson v. Jordan, (29 Cal. 577); Polack v. McGrath, (25 Cal. 54); McEvoy v. Igo, (27 Cal. 375); Thompson v. Smith, (supra) .          Gregory & Webb, for Appellant.

  4. Wilbur v. Cherry

    39 Cal. 660 (Cal. 1870)   Cited 1 times

    COUNSEL:          First --There was no forcible entry upon or detainer of the premises by defendant within the meaning of the first and second sections of the Act of April 2d, 1866. (Preston v. Keehoe, 15 Cal. 315; Fogarty v. Kelly, 24 Cal. 317; Hodgkins v. Jordan, 29 Cal. 577; Pollock v. McGrath, 25 Cal. 54; McMinn v. Bliss, 31 Cal. 122; McEvoy v. Igo, 27 Cal. 375; Valencia v. Crouch, 32 Cal. 340; Thompson v. Smith, 28 Cal. 527; Frazor v. Hanlon, 5 Cal. 156.)          Second --There was no forcible detainer by defendant of the premises, or of the cabin situated thereon, within the meaning of the third section of the Act of April 2d, 1866, it neither being alleged in the complaint or appearing from the evidence that he entered either upon the premises or into the cabin in the night time, or during the absence of plaintiffs, or that E. Wilbur, deceased, in his lifetime, ever had any possession whatever of said cabin, or ever owned any interest therein, or that plaintiffs, either as executoror executrix, or personally, ever occupied or had any possession of the cabin, or were ever in any sense the occupants thereof.

  5. Mecham v. McKay

    37 Cal. 154 (Cal. 1869)   Cited 49 times

    (Parsons v. Tuolumne Water Company, 5 Cal. 43.) Force is not only the gist of the action, but determines the jurisdiction, and must be both alleged and proved. (Thompson v. Smith, 28 Cal. 527; McEvoy v. Igo, 27 Cal. 375; Owen v. Doty, 27 Cal. 502.) Facts essential to confer jurisdiction must be alleged. (Doll v. Fuller, 16 Cal. 433.)