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Topic: Forcible entry


  
  State of Nebraska Eviction Law
Forcible entry and detainer; judgment in county court; future action not barred.
If the court finds that an unlawful and forcible entry has been made and that the same lands or tenements are held by force or that the same, after a lawful entry, are held unlawfully, the court shall cause the party complaining to have restitution thereof.
The court or the jury, as the situation warrants, shall inquire into the matters between the two litigants such as the amount of rent owing the plaintiff and the amount of damage caused by the defendant to the premises while they were occupied by him or her and render a judgment or verdict accordingly.
www.tenant.net /Other_Areas/Nebraska/Art1.html   (2218 words)

  
 The Vermont Statutes Online
A person shall not make entry into lands, tenements or other possessions, except where entry is given by law; and in such case, not with strong hand nor with multitude of people, but only in a peaceable manner.
When the jury finds the person against whom the complaint is made guilty of such forcible entry or detainer, the district judge shall enter up judgment for the complainant to have restitution of the premises, and impose such fine, not exceeding $10.00, as he thinks just.
The complainant in an action for forcible entry and detainer, who recovers against the person complained of, may recover treble damages, with costs of suit, by an action for trespass against the offender.
www.leg.state.vt.us /statutes/fullchapter.cfm?Title=12&Chapter=171   (562 words)

  
 Bailiffs Forcible Entry Powers
This is not the same as establishing for the purpose of permitting a forcible entry that the debtor indeed resides at the given address.
The right to refuse entry to a bailiff is a safeguard which helps to prevent wrongful entries or seizures occuring; and whenever it is exercised the presumption that the debtor must therefore be recalcitrant may not apply.
A Forcible Entry Order would therefore simply become a tool in the hands of the enforcement agent permitting him to find out by force if there is anything of the debtor’s goods worth taking at a particular address; and it presupposes that there is a fool-proof method for determining a debtor’s correct place of abode.
www.homepage-link.to /justice/bailiffs   (1691 words)

  
 [No title]
Overt efforts to oppose joint forcible entry operations may range from diplomatic or cultural pressure on regional governments to the use of theater or tactical missiles, offensive, defensive, and protective maritime mining, terrorism, asymmetric warfare, or the threat or actual use of weapons of mass destruction or mass effect.
Access is maintained and entry points are kept open as long as they are needed to conduct and sustain forcible entry operations or introduce follow-on forces and their sustainment.
To execute future joint forcible entry operations, the forcible entry commander and his force require the ability to: 4.A.1 Joint command and control capabilities 4.A.1.a Conduct dynamic and persistent joint command and control that supports planning and execution, from pre-execution through en route transit, execution at the objective area and transition to follow-on operations.
www.dtic.mil /jointvision/ideas_concepts/jfeo_jic_v92a3.doc   (11276 words)

  
 2-00-0485
In her answer to the complaint, the defendant denied that the plaintiff was entitled to possession of the property or that she was unlawfully withholding possession of the property from the plaintiff.
Citing various sections of this homestead statute, defendant responds by asserting that her estate of homestead in the property was a proper defense to the plaintiff's forcible entry and detainer action.
It is undisputed that the statutes cited by the plaintiff generally allow a condominium association to maintain a forcible entry and detainer action where, as in this case, a unit owner fails to pay her proportionate share of the condominium's common expenses, including maintenance expenses.
www.state.il.us /court/Opinions/AppellateCourt/2001/2ndDistrict/November/Html/2000485.htm   (2154 words)

  
 12-1173 - Definition of forcible detainer; substitution of parties   (Site not responding. Last check: 2007-10-11)
A person who has made a forcible entry upon the possession of one who acquired such possession by forcible entry refuses for five days after written demand to give possession to the person upon whose possession the first forcible entry was made.
A person who has made a forcible entry upon the possession of a tenant for a term refuses to deliver possession to the landlord for five days after written demand, after the term expires.
If the term expires while a writ of forcible entry applied for by the tenant is pending, the landlord may, at his own cost and for his own benefit, prosecute it in the name of the tenant.
www.azleg.state.az.us /ars/12/01173.htm   (196 words)

  
 Forcible entry - Wikipedia, the free encyclopedia
Forcible entry is the act of entering a house or building with destructive methods.
If they must do so, means of entry range from the simple breaking of a glass window to the use of specialized tools to defeat security locks or to cut an access hole.
Alternately, if a less forceful entry is dictated, tools such as Slim Jims or one of a variety of lock picking tools may be used to enter buildings or vehicles.
en.wikipedia.org /wiki/Forcible_entry   (237 words)

  
 "Forcible Entry / Detainer" Defined
FORCIBLE ENTRY / DETAINER - An offence committed by unlawfully and violently taking or keeping possession of lands and tenements, with menaces, force and arms, and without the authority of law.
The proceedings in cases of forcible entry or detainer are regulated by statute in the several states.
A forcible entry and a forcible detainer are distinct offences.
www.lectlaw.com /def/f127.htm   (136 words)

  
 FORCIBLE ENTRY AND DETAINER
The Tribal Court shall have jurisdiction to try all actions for the forcible entry and detention, or detention only, of real property, and claims for the collection of rent or damages to the premises may be included in the same action, but other claims may not be included in the same action.
All cases for forcible entry and detainer or detainer only shall be tried by the Tribal Court without a jury unless the rent and damages prayed for exceeds ten thousand (10,000) dollars.
The actions for unlawful entry and detainer standing alone or when joined with a claim for collection of rent or damages to the premises, or both, shall be commenced by filing an affidavit in substantially the following form with the Clerk of the Tribal Court:
www.tribalresourcecenter.org /ccfolder/absentee_shawnee_tribalcode_entry.html   (984 words)

  
 Mattox Opinion No. JM-451
In forcible detainer suits in justice court for nonpayment of rent or holding over beyond a rental term, the parties may represent themselves or be represented by their authorized agents, who need not be attorneys.
In any forcible detainer or forcible entry and detainer suit in justice court, an authorized agent requesting or obtaining a default judgment need not be an attorney.
In forcible entry and detainer cases for nonpayment of rent or holding over beyond the rental term, the parties may represent themselves or be represented by their authorized agents in justice court.
www.oag.state.tx.us /opinions/op47mattox/jm-0451.htm   (1437 words)

  
 PROHIBITION OF FORCIBLE ENTRY AND OCCUPATION ACT, 1971   (Site not responding. Last check: 2007-10-11)
2 Offence of forcible entry of land or a vehicle.
Offence of forcible entry of land or a vehicle.
Offence of remaining in forcible occupation of land or a vehicle.
www.irishstatutebook.ie /1971_25.html   (925 words)

  
 Home - sussexfire.com
One convenient entry point is often a sliding glass door to a patio or deck typically found in the rear of a dwelling.
Crews assigned to EMS units that engage in fire suppression duties may also be pressed into forcible entry duties on apparent and potential working fires if there is a known or anticipated delay in the arrival of a heavy rescue or ladder company.
EMS personnel who perform firefighting duty should drill in basic forcible entry techniques in order to support fire attack operations and as well for gaining entry to care for their own patients.
www.sussexfire.com   (2160 words)

  
 Apartments USA.com - State of Colorado Eviction Law
No person shall enter into or upon any real property, except in cases where entry is allowed by law, and in such cases not with strong hand or with a multitude of people, but only in a peaceable manner.
On and after January 1, 1991, the jurisdiction of the county court to enter judgment for rent, or damages, or both and to render judgment on a counterclaim in forcible entry and detainer shall be limited to a total of ten thousand dollars in favor of either party, exclusive of costs and attorney fees.
Nothing in this section shall be construed to permit the entry of judgment in excess of the jurisdictional limit of the court.
www.apartmentsusa.com /colorado/co-rent-tips-eviction.htm   (1331 words)

  
 CHAPTER 833* ENTRY AND DETAINER
Complaint and procedure: Forcible entry and detainer; entry and detainer.
The remedy for a forcible entry and detainer was originally (1698) by proceedings instituted before a justice of the peace.
Actual violence, used or threatened, is necessary to constitute a forcible entry or detainer.
www.cga.ct.gov /2005/pub/Chap833.htm   (1203 words)

  
 Dictionary.com/Word of the Day Archive/forcible
Robbery, the forcible taking of property from the person of the victim, is the crime most likely to be committed by a stranger; 75 percent of victims are robbed by strangers.
The separation of religion from the state does not mean the establishment of irreligion by the state, still less the forcible imposition of an anti-religious philosophy.
Evarts in a forcible argument, wasting no words, and showing clearly that there was no precedent in any impeachment case tried by the Senate for granting so much delay at this stage of the proceedings.
dictionary.reference.com /wordoftheday/archive/2004/02/09.html   (144 words)

  
 Forcible Entry & Detainer Overview
A Forcible Entry and Detainer is an action that a landlord, or new property owner can take if the existing occupant refuses to leave after appropriate notice.
The laws governing forcible entry and detainer actions are different if the property is residential or non-residential.
The sole issue at the court hearing is whether or not the tenant/occupant has the right to possession.
www.dianedrain.com /RealProperty/ForcibleEntryDetainer/FEDOverview.htm   (1178 words)

  
 Forcible Entry   (Site not responding. Last check: 2007-10-11)
This manual is designed to help firefighters develop the knowledge and skills to perform forcible entry efficiently.
It can be used by instructors to teach firefighters how to solve forcible entry problems on the drill ground and, ultimately, on the scene of an emergency.
Forcible Entry describes both general construction and construction of building features such as doors and windows.
www.ksffa.com /IFSTA/forcible_entry.htm   (144 words)

  
 GA-0112
See Haginas, 354 S.W.2d at 371 ("An action of forcible entry and detainer is a special proceeding and as such is governed by the special statutes and rules.
App.-El Paso 1943, no writ) ("Forcible entry and detainer is a special proceeding, and as such is governed by the provisions of law specifically applicable thereto.
A private process server is not authorized to serve citation in a forcible entry and detainer suit or a forcible detainer suit.
www.oag.state.tx.us /opinions/op50abbott/ga-0112.htm   (2239 words)

  
 LawKT.com: Law Firm Publications on Forcible Entry
In light of the insured's admission that there were no visible signs of forced entry and that he used his key to open the storage unit on the day he discovered the loss, the court held that the alleged theft was not covered.
First, if the inspectors are refused entry they are likely to seek a court order and failure to comply with such an order would constitute contempt of court and be punishable accordingly.
In Picklo, the Cleveland Bar Association filed a complaint to enjoin the respondent, a non-attorney but recognized and authorized agent of a landlord, from filing forcible entry and detainer (eviction) and rent recovery actions in the Housing Division of the Cleveland Municipal Court.
www.lawkt.com /pubs/Forcible_Entry.html   (409 words)

  
 OSCN Found Document:MCCLUNG v. PENNY
This is an action commenced by defendant in error in the probate court of Kay county, Oklahoma territory, and is an action of forcible entry and detainer to recover the possession of the southwest quarter, of section 30, township 26, north of range 1 east.
The facts are that defendant in error and one Charles R. McClung, the husband of plaintiff in error, both claimed this tract of land as homestead settlers, and contested.
The defendant in the justice court filed answer, denying the allegation of unlawful entry, and of plaintiff's right to possession, and also set up equitable title, in himself, and that the plaintiff held the real estate in question in trust for him, thus making it in principle a case precisely like the one at bar.
www.oscn.net /applications/oscn/deliverdocument.asp?citeid=62209   (1211 words)

  
 Forcible Entry
The purpose of this lesson therefore is to provide future firefighters with a complete and thorough understanding of the basic types of tools used in forcible entry, how to care for and maintain them.
With this knowledge, they will be able to select the appropriate tool or set of tools, use the proper techniques to perform forcible entry and get past security measures, while at the same time causing the least possible damage to the structure or structural components.
These techniques will ensure that the firefighter is able to quickly gain access to a structure during operations at the incident scene, as well as open a means of egress (exit) from the structure, all of which will enhance his effectiveness on the fireground.
educexpert.com /commun/syllabus/syllabus.php?qIdMp=67&qVisuel=firelearn   (247 words)

  
 Forcible Entry
A thorough size-up of the structure and forcible entry requirements must be made by officers arriving first on the scene.
I had climbed in through the rear window of the vehicle (which was the only access point big enough to accommodate the entry of a rescuer) and knew that cutting would take place to create an outbound opening for removal.
Forcible entry is an essential and integral part of fireground activities.
www.wfrfire.com /website/articles/entry.htm   (2345 words)

  
 Forcible Entry Training Doors by Friction Force
With less and less action on the fire ground, this is the way to teach the new guys the "lost art" of forcible entry and keep the veterans up to speed.
When firefighters have the knowledge and experience to gain entry into an unstable atmosphere quickly, the chances of completing their tasks affectively are greatly improved.
Gaining entry to the fire building is one of the primary goals of every responding company in the fire service.
www.frictionforce.net   (225 words)

  
 Forcible Entry
The purpose of this lesson therefore is to provide future firefighters with a complete and thorough understanding of the basic types of tools used in forcible entry, how to care for and maintain them.
With this knowledge, they will be able to select the appropriate tool or set of tools, use the proper techniques to perform forcible entry and get past security measures, while at the same time causing the least possible damage to the structure or structural components.
These techniques will ensure that the firefighter is able to quickly gain access to a structure during operations at the incident scene, as well as open a means of egress (exit) from the structure, all of which will enhance his effectiveness on the fireground.
www.educexpert.com /commun/syllabus/syllabus.php?qIdMp=67&qVisuel=firelearn   (247 words)

  
 FORCIBLE ENTRY AND DETAINER
          All cases for forcible entry and detainer or detainer only shall be tried by the Tribal Court without a jury unless the rent and damages prayed for exceeds ten thousand (10,000) dollars.
Failure to pay current rentals while the appeal is pending shall be considered as abandonment of the appeal.
The Tribal Court Clerk may in connection with such actions prepare the affidavit, by which the action is commenced, and the summons and generally assist the unrepresented plaintiffs to the same extent that he is now required so to do under the Small Claims Procedure Ordinance.
thorpe.ou.edu /codes/absshaw/Entry.html   (1558 words)

  
 Texas Landlord Tenant Law
forcible entry and detainer suit or a forcible detainer suit, a landlord must give a tenant who is
A final judgment of a county court in a forcible entry and detainer suit or a forcible detainer
A forcible entry and detainer suit or a forcible detainer suit does not bar a suit for trespass,
www.uslandlord.com /laws/txstatelaw.html   (2783 words)

  
 FRICTION FORCE - Forcible Entry Training Door (888) 681-1009
It was during this time that he noticed that the forcible entry props that were being used in the fire academy were not as realistic as they could be.
They did not accurately simulate the force needed to perform forcible entry on a real door.
Another disadvantage to current forcible entry props on the market is durability.
www.forcethedoor.com   (415 words)

  
 Forcible Entry and Detainer Act   (Site not responding. Last check: 2007-10-11)
1 This Act may be cited as the Forcible Entry and Detainer Act.
(3) The court shall have power, at the same time, to award damages for such forcible entry, but the court may, if it thinks fit, order that the cause shall be tried or the damages be assessed by a jury.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 1998 Crown in right of Nova Scotia.
www.gov.ns.ca /legislature/legc/statutes/forcible.htm   (336 words)

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