possession of the room by judicial process and not by force.
'Code § 5445 (as amended by Acts 1932, ch. 60, p. 53, Acts 1940, ch. 193, p. 295) provides that, 'If any forcible or unlawful entry be made upon lands, or if, when the entry is lawful and peaceable, the tenant shall detain the possession of land after his right has expired, without the consent of him who is entitled to the possession, the party so turned out of possession, no matter what right or title he had thereto, or the party against whom such possession is unlawfully detained may, within three years only after such forcible or unlawful entry, or such unlawful detainer, sue out' in the appropriate clerk's office 'a summons against the defendant to answer the complaint of the plaintiff that the defendant is in possession and unlawfully withholds from the plaintiff the premises in question.'
'It will be observed that the statute does not in express terms deprive the owner of the common-law right to take possession by reasonable force of premises to which he may be entitled. While its purpose is to prevent violence and disturbances which are likely to follow when one entitled to the lawful possession of premises undertakes to assert his rights by force ( Southern R. Co. v. Lima Wood, & Coal Co., 156 Va. 829, 833, 159 S.E. 69), the right of action is civil in character ( Kincheloe v. Tracewells, 11 Grat. 587, 598), 52 Va. 587, and the result, if the plaintiff prevails, is merely to restore the possession to one from whom it has been forcibly taken, or to give possession to one from whom it is being unlawfully withheld. 'The judgment has only the effect of placing the parties in status quo.' (Citing cases.)
'In Gower v. Waters, 125 Me. 223, 132 A. 550, 552, 45 A.L.R. 309, it was held that the civil remedy afforded by the statutes of forcible entry and detainer did not deprive the landlord of his common-law right of entry.
'Consequently, as is said in Burks Pleading and Practice, 3d Ed., § 105, p. 208, 'The real owner, having a right of entry, will not commit a trespass by entering, though with force, unless he also commit a breach of the peace, but he may be turned out in an action of forcible entry.' See also, Davis v. Mayo, supra (82 Va. 97, at page 99).
'Moreover, the Virginia statute does not undertake to give a party forcibly dispossessed any right to institute a separate and independent action for damages therefor.'
'There being no showing of damages, and the complaint being insufficient under its allegations and as amended by the proof and testimony offered in plaintiff's case in chief, the Court accordingly directs a verdict in favor of the defendant.
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