Davies

Action for forcible entry. The complaint alleges that plaintiff, on October 31, 1913, was in the peaceable possession of a certain store-room, at which time defendants forcibly entered therein and in a forcible manner ejected the plaintiff from the premises and broke the doors, locks, and windows of said storeroom, all to her damage in the sum of five hundred dollars; that the monthly rental value of the property is forty dollars. There is an absence of any allegation that any of the defendants detained possession of the property; indeed, from all that appears to the contrary in the complaint, plaintiff may have immediately upon the commission of the acts attributed to defendants, resumed possession of the premises and held the same at the time of instituting the action.

To this complaint Suydam, the appellant, filed a separate answer, admitting that plaintiff was, on October 31, 1913, in the peaceable possession of the property, but denied that he entered the premises in any manner, or ejected the plaintiff therefrom, or did any of the acts charged in the complaint to have been done by defendants.

The court found the facts as alleged in the complaint, namely: that defendants…