3 Utah 2d 419 - King v. Firm’s Empirical Analysis
1955
Citation profile
2 federal appellate · 25 state decisions
How this case has been cited
Cited by 27 later decisions — most recently August 1996 · most notably Howerton v. Gabica (1983), Mendes v. Johnson (1978)
2 federal appellate · 25 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Page v. Puy · Buchanan v. Crites · Paxton v. Fisher, Secretary St. Land Bd. · White v. District Court of Fourth Judicial Dist. in & for Utah County · Larsen v. Knight
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“* * • * However, even if the notice of “termination of lease” served on King was an unequivocal act evidencing the landlord’s election to terminate the lease, it does not follow that without King’s consent and during his absence they could rightfully enter and dispossess him. Utah has enacted Forcible Entry and Detainer Statutes and a landlord may not without the express consent of a tenant repossess his property without resorting to remedies provided in those statutes. ’* * * ****** * * * There is no question under Utah cases that a violation of the duty set by the statute gives rise to an action for damages, not in an action under the Forcible Entry and Detainer Statute but as a separate tort. * * * Appellant King could have brought action under the Forcible Entry Statute to regain possession of the property and damages incidental to his ouster; but he did not choose that remedy. The statute places a duty upon any person, whether entitled to possession or not, not to use force or stealth or fraud in gaining possession of realty. Correspondingly, it creates a right in the person in actual peaceable possession not to have his pos session disturbed other than by legal process. Therefore, regardless of his lack of entitlement to the property, King had a cause of action for the invasion of that right. * * *”
2 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.