197 P. 983 | Wyo. | 1921
The defendant in error filed in justice court of Natrona. County his petition in forcible entry and detainer, alleging (omitting the formal parts) “First: That he is the lessee of the following described premises, and entitled to the immediate, exclusive and continued possession of the same, being (describing the premises). Second: That defendants are in possession of said premises and occupy and hold the same from the possession of the plaintiff, without any right to the possession thereof.” Then follow allegations of the notice given to quit the premises, and the prayer. An answer was filed and trial had, which resulted in' favor of the defendant in error. An appeal was duly taken to the district court, where the ease was tried by the court without a jury. At the beginning of the trial the plaintiffs in error, for the first time, moved the court to dismiss the action, and
The allegations contained in the original petition filed in the justice court are very similar to the allegations contained in the petition involved in the case of Jenkins v. Jeffrey, 3 Wyo. 669, 29 Pac. 186. In that case the plaintiff claimed to be the owner of the premises in controversy, .but stated nothing as to who was entitled to possession. In the case at bar the plaintiff below alleges that he is lessee, and entitled to the possession of the premises in controversy. The differences are not vital and the court in the Jenkins ease held that the petition in that case was insufficient as a a petition in forcible entry and detainer, and that the justice was without jurisdiction to try the action. That ease was certified to the district court upon motion of the defendants, where they appeared and filed answer, and the case was there tried as a case involving title. Under these circumstances this court held that the defendants could not properly be heard to object that the district court assumed to try the case, of which it had original jurisdiction, as an action in ejectment, but in the case at bar no such course was followed. Here the case came to the district court on appeal; the plaintiffs in error did not voluntarily submit to the trial in the district court, but objected. The case was tried throughout as a ease of forcible entry and detain-
A civil proceeding for forcible entry and detainer or unlawful detainer was not known to the.common law. The proceeding is statutory, summary in its nature, may, under our statute, work a forfeiture of possibly valuable rights within a period of a few days, and according to the universal rule, the statute conferring jurisdiction must be at least substantially complied with in the method of procedure prescribed by it, or the jurisdiction will fail to attach, and the proceeding will be coram non ¿judice and void. (19 Cyc. 1147; 24 Cyc. 1436; Taylor L. & T. (9th Ed.) § 721; Tiffany L. & T., p. 1786 and cases cited below.) Sec. 6625 of the Compiled Statutes of 1920 provides that in such cases .the plaintiff, before the justice may proceed with the case, must file a complaint, describing the property in controversy, ‘ ‘ and the facts upon which he relies, in order to recover the premises, which must be sustained by proof or the action must be dismissed. ’ ’ This complaint is not even dispensed with in case the defendant does not appear. It is, therefore, the basis of the action, without which the justice is powerless to act. Summary as the action is, drastic as may
Section 6621 of our statutes provides for two classes of cases in which an action of this bind may be brought; 1st,, where an unlawful and forcible entry is made, and, 2nd; where a lawful and peaceable entry has been made, but where the premises are subsequently unlawfully or forcibly held. The original petition filed herein is obviously not sufficient to make out a case under the first of the above
Inasmuch as the statutes on this subject are evidently designed only for the purpose of trying the right of possession in eases where the titles of the premises cannot be disputed or called in question (Jenkins v. Jeffrey, supra), it is frequently said that “the proceedings in unlawful detainer are, and of necessity, must be, limited to those cases, ’ ’ where the relation of landlord and tenant, (Richmond v. Court, 98 Pac. 57; 24 Cyc. 1407) or other similar relation is shown to exist and that this relationship must be fully shown in the complaint. 24 Cyc. 1438, and see most of the eases cited supra. But without reference to that, the original petition herein lacks some of the essential averments specifically provided for in the statute to constitute an action under the second class contemplated in § 6621. In such case, there must appear to exist (1) a lawful and peaceable entry, followed subsequently by (2) unlawful or forcible detainer. Nothing is said in the original complaint herein as to the entry. For aught that appears, it might have been by force or by stealth; again, peaceable but unlawful; again, peaceable and lawful. In Caswell v. Ward, supra, the court said: “In order to give the court below jurisdiction of a case it is necessary that the complaint should embody such a statement of facts as brings the party clearly within some one of that class of cases for which a remedy is provided. Now the statute gives a remedy, 1st, against those who make unlawful and forcible entry into lands; 2nd, against those who, having made lawful or peaceable entry into lands, unlawfully and by force detain the same. * * * Under which of the * * * heads does the case in question come? If under either, it is the second; but in that case it should have been averred that the premises were entered peaceably or lawfully, and that the
The motion made by plaintiffs in error at the commencement of the trial in the district court to dismiss the action should have been sustained. In view of the foregoing conclusions, it is unnecessary to consider the other errors assigned.
The judgment of the District Court of Natrona County herein is reversed, and the case remanded to that court with directions to enter judgment for the plaintiffs in error, dismissing the action.
Reversed and remanded.