53 Minn. 483 | Minn. | 1893
It must be conceded that the complaint in the action of Barge v. Scheik, which action, originally instituted in District Court, was in ejectment, and also'to recover damages for the unlawful withholding of possession of the real property in question,
In case it bad been so brought and determined, there could have been no stay of proceedings which would have delayed tbe issuance of a writ of restitution, nor would an appeal by defendant, Scheik, have bad that effect. A writ of restitution could have been issued, and tbe complainant put in immediate possession of tbe premises. So that tbe question now before us is whether tbe course of procedure prescribed for tbe conduct of actions in justices’ courts, and under that statute, tbe complainant being successful, can be followed, and tbe very summary remedy known as tbe “writ of restitution” awarded and issued where the action has been instituted in District Court in tbe nature of ejectment, all of tbe essential facts being present and found.
Tbe theory upon which counsel for tbe relator urge bis right to have granted tbe relief sought by this proceeding is that, as tbe District Courts of tbe state are courts of general jurisdiction, having original jurisdiction in all.cases, except as otherwise provided by tbe constitution, such jurisdiction has not been exclusively conferred upon courts of justices of tbe peace in actions of forcible entry and of unlawful detainer; that tbe District Courts also have jurisdiction; and that, as all of tbe facts required to maintain an action under cb. 84, § 11, supra, were set forth in tbe complaint in Barge v. Scheik, and were found by tbe court, it was actually an action under that statute, in which Barge was entitled to every remedy provided therein.
Tbe action of forcible entry as well as of unlawful detainer is a statutory proceeding, tbe practice and procedure being prescribed and regulated as for justices’ courts. It is an expeditious and summary way of reaching persons who make forcible entry upon lands, or who, having entered peaceably, unlawfully bold over after their
The order to show cause is discharged.
(Opinion published. 55 N. W. Rep. 630.)