1. In real property law. Entry is the act of going peaceably npon a piece of land which is claimed as one's own, but which is held by another person, with the intention and for the purpose of taking possession of the same.
Entry is a remedy which the law
More... 1. In real property law. Entry is the act of going peaceably npon a piece of land which is claimed as one's own, but which is held by another person, with the intention and for the purpose of taking possession of the same.
Entry is a remedy which the law affords to an injured party ousted of his lands by another person who has taken possession thereof without right. This remedy (which must in all cases be pursued peaceably) takes place in three only out of the five species or ouster, viz., abatement intrusion, and disseisin; for, as in these three cases the original entry of the wrong-doer is unlawful, so the wrong may be remedied by the mere entry of the former possessor. But it is otherwise upon a discontinuance or deforcement for in these latter two cases the former possessor cannot remedy the .wrong by entry, but must do so by action, inasmuch as the original entry being in these cases lawful, and therefore conferring an apparent right of possession, the law will not suffer such apparent right to be overthrown by the mere act or entry of the claimant. Brown. See Innerarity v. Mims, 1 Ala. 674; Moore v. Hodgdon, 18 N. II. 149; Riley v. People. 29 111. App. 139; Johnson v. Cobb, 21 S. C. 372. 7 S. E. 601.
-Forcible entry. See that title.-Re-entry. The resumption of the possession of leased premises by the landlord on the tenant's failure to pay the stipulated rent or otherwise to keep the conditions of the lease.- Open entry. An entry upon real estate, for the purpose of taking possession, which is net clandestine nor effected by secret artifice or stratagem, and (in some states by statute) one which is accomplished in the presence of two witnesses. Thompson v. Kenyon, 100 Mass. 108.
2. In criminal law. Entry is the unlawful making one's way into a dwelling or other house, for the purpose of committing a crime therein."
In cases of burglary, the least entry with the whole or any part of the body, hand, or foot, or with any instrument or weapon, introduced for the purpose of committing a felony, is sufficient to complete the offense. 3 Inst. 64. And see Walker v. State, 63 Ala. 49, 35 Am. Rep. 1; Com. v. Glover, 111 Mass. 402; Franco v. State, 42 Tex. 280: State v. McCall, 4 Ala. 644. 39 Am. Dec. 314; Pen. Code N. Y. 1908, s 501; Pen. Code Tex. 1805, art. 840.
3. In practice. Entry denotes the formal inscription upon the rolls or records of a court of a note or minute of any of the proceedings in an action; and it is frequently applied to the filing of a proceeding in writing, such as a notice of appearance by a defendant, and, very generally, to the filing of the judgment roll as a record in the office of the court. Thomason v. Ruggles. 69 Cal. 465, 11 Pac. 20; State v. Lamm, 9 S. D. 418, 69 N. W. 592."
-Entry of cause for trial. In English practice. The proceeding by a plaintiff in an action who had given notice of trial, depositing with the proper officer of the court the nisi prius record, with the panel of jurors annexed, and thus bringing the issue before the court for trial.-Entry on the roll. In former times, the parties to an action, personally or by their counsel, used to appear in open court and make their mutual statements viva voce. instead of as at the present day delivering their mutual pleadings, until they arrived at the issue or precise point in dispute between them. During the progress of this oral statement, a minute of the various proceedings was made on parchment by an officer of the court appointed for that purpose. Tbe parchment then became the record; in other words, the official history of the suit. Long after the practice of oral pleading had fallen into disuse, it continued necessary to enter the proceedings in like manner upon the parchment roll, and this was called "entry on the roll," or making up the "issue roll." But by a rule of H. T. 4 Wm. IV. the practice of making up the issue roll was abolished; and it was only necessary to make up the issue in the form prescribed for the purpose by a rule of H. T. 1853. and to deliver the same to the court and to the opposite party. The issue which was delivered to the court was called the "nisi prius record;" and that was regarded as the official history of the suit, in like manner as the issue roll formerly was. Under the present practice, the issue roll or nisi prius record consists of the papers delivered to the court, to facilitate the trial of the action, these papers consisting of the pleadings simply, with the notice of trial. Brown.
4. In commercial law. Entry denotes the act of a merchant, trader, or other business man in recording in his account-books the facts and circumstances of a sale, loan, or other transaction. Also the note or record so made. Bissell v. Beckwith, 32 Conn. 517; U. S. v. Crecelius (D. C.) 34 Fed. 30. The books in which such memoranda are first (or originally) inscribed are called "books of original entry," and are prima facie evidence for certain purposes.
5. In revenue law. The entry of imported goods at the custom house consists in submitting them to the inspection of the revenue officers, together with a statement or description of such goods, and the original invoices of the same, for the purpose of estimating the duties to be paid thereon. U. S. v. Legg. 105 Fed. 930, 45 C. C. A. 134; U. S. v. Baker, 24 Fed. Cas. 953; U. S. v. Sel-denberg (C. C.) 17 Fed. 230.
6. In parliamentary law. The "entry" of a proposed constitutional amendment or of any other document or transaction in the journal of a house of the legislature consists in recording it in writing in such journal, and (according to most of the authorities) at length. See Koehler v. Hill, 60 Iowa, 543, 15 N. W. 609; Thomason v. Ruggles, 69 Cal. 465, 11 Pac. 20; Oakland Pav. Co. v. Hilton, 69 Cal. 479, 11 Pac. 3."
7. In copyright law. Depositing with the register of copyrights the printed title of a book, pamphlet, etc., for the purpose of securing copyright on the same. The old formula for giving notice of copyright was, "Entered according to act of congress," etc."
8. In public land laws. Under the provisions of the land laws of the United States, the term "entry" denotes the filing at the land-office, or inscription upon its records, of the documents required to found a claim for a homestead or pre-emption right, and as preliminary to the issuing of a patent for the land. Chotard v. Pope, 12 Wheat. 588, 6 L. Ed. 737; Sturr v. Beck, 133 U. S. 541, 10 Sup. Ct. 350, 33 L. Ed. 761; Goddard v. Storch, 57 Kan. 714, 48 Pac. 15; Goodnow v. Wells, 67 Iowa, 654, 25 N. W. 864."
-Entryman. One who makes an entry of land under the public land laws of the United States.-Homestead entry. An entry under the United States land laws for the purpose of acquiring title to a portion of the public domain under the homestead laws, consisting of an affidavit of the claimant's right to enter, a formal application for the land, and payment of the money required. Hastings & D. R. Co. v. Whitney, 132 U. S. 357. 10 Sup. Ct. 112, 33 L. Ed. 363; Dealy v. U. S., 152 IT. S. 539, 14 Sup. Ct 680, 38 L. Ed. 545; McCune v. Essig (C. C.) 118 Fed. 277.-Mineral land entry. Filing a claim to hold or purchase lands belonging to the public domain and valuable for the minerals they contain, implying a prior discovery of ore and the opening of a mine. U. S. v. Four Bottles Sour Mash Whisky (D. C.) 90 Fed. 720.-Pre-emption entry. An entry of public lands for purchase under the pre-emption laws, giving the entryman a preferred right to acquire the land ny virtue of his occupation and improvement of it. Hart-man v. Warren, 76 Fed. 161, 22 C. C. A. 30: McFadden v. Mountain View Min. Co. (C. C.) 87 Fed. 154.-Timber culture entry. An entry of public lands under the various acts of congress opening portions of the public domain to settlement and to the acquisition of title by the settlers on condition of the planting and cultivation of timber trees. Hart man v. Warren, 76 Fed. 160, 22 C. C. A. 30.
9. In Scotch law. The term refers to the acknowledgment of the title of the heir, etc., to be admitted by the superior.
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