This section contains the nature of the case and procedural background.

Geoghegan (D) had been a patient for a considerable time at Sibley, which is maintained and operated by P. P is a private hospital and evidence showed that D was no longer in need of hospital care, but the care she needed could be provided for in a nursing home. P made a formal demand on D and her husband that she be transferred. The demand was worded in a polite but firm tone. D did not respond, and P brought this action against her to have her removed as a trespasser. D moved to dismiss.

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