Gardner v. . Neil
Cases that cite this one
5 later published cases cite this decision.
- United States v. Tyrone Christian (6th Cir. 2019)
- Neil Morgan v. Fairfield Cty., Ohio (6th Cir. 2018)
- Andrew Lennette, Individually and on behalf of C.L., O.L. and S.L., Minor Children v. State of Iowa, Melody Siver, Amy Howell, and Valerie Lovaglia (Iowa 2022)
- Gamble v. Keyes (S.D. 1915)
- Krehbiel v. Henkle (Iowa 1909)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Every entry by one into the dwelling-house of another, against the will of the occupant, is a trespass, unless warranted by such authority in law as will justify the entry. And the action of trespass is the only proper form of action which the party complaining can legally maintain in such case.
Whether the warrant under and by virtue of which the defendants justify their entry into the dwelling-house of the plaintiff will amount to a complete justification or not depends on facts not now before the Court.
As the Court is of opinion that the form of the action is proper, it is unnecessary to decide the second question stated in the case sent up.
Rule made absolute, and new trial granted. *Page 83
(105)
Case-law data current through December 31, 2025. Source: CourtListener bulk data.