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Short v. Bridwell

Short and Others v. Bridwell

Short v. Bridwell, 15 Ind. 211 (1860)
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Court
Indiana Supreme Court · State Highest Courts
Decided
December 6, 1860
Judges
Worden
Citations
15 Ind. 2111860 Ind. LEXIS 359
Headnotes
Justices of the peace have jurisdiction in actions to recover the possession of real estate, only where the relation of landlord and tenant exists; or, where there has been an unlawful or forcible entry into lands, and either a peaceable or forcible detainer thereof; or, where having peaceably obtained possession, one unlawfully and forcibly keeps the same.
Summary
APPEAL from the Lawrence Circuit Court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Worden

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Worden, J.

This was an action by the appellants, against the appellee, to recover the possession of certain real estate, commenced before á justice of the peace, and taken by appeal to the Circuit Court. The action was dismissed in the Circuit Court, for want of jurisdiction in the justice. The plaintiffs excepted, and appeal to this Court.

The appellants contend that the justice had jurisdiction under the provisions of 2 R. S. 1852, chap. 4, p. 490. Under this statute, the relation of landlord and tenant must exist between the parties; or the defendant must have made unlawful or forcible entry into the land, and either peaceably or forcibly detain the same; or, having peaceably obtained the *212 possession, he must unlawfully and forcibly keep the same; otherwise the justice has no jurisdiction.

8. W. Short, for appellants. A. B. Carlton, for appellee.

In the case before us, it does not appear that the relation of landlord and tenant exists, whereby the defendant woiild be estopped from denying the plaintiff’s title; nor does it appear that the original entry was either forcible or unlawful; nor that the defendant unlawfully and forcibly detains the land. Hence the justice had no jurisdiction, and the action was correctly dismissed.

Per Curiam.

The judgment is affirmed, with costs.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1865–1866: 11881–1882: 11899–1900: 118652026peak 1865 · 1

Relies on it most ⓘ

  1. Kiphart v. Brennemen25 Ind. 152 (1865)
  2. Burgett v. Bothwell86 Ind. 149 (1882)
  3. Bernhamer v. Hoffman54 N.E. 132 (Ind. Ct. App. 1899)

Most recent

  1. Bernhamer v. Hoffman54 N.E. 132 (Ind. Ct. App. 1899)
  2. Burgett v. Bothwell86 Ind. 149 (1882)
  3. Kiphart v. Brennemen25 Ind. 152 (1865)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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