Hankins v. Smith

This is an action at law based upon a contract of lease in which action the lessee seeks to recover damages sustained as a result of fifteen month's eviction from premises on which he had a ten-year lease, and the damages are sought against the lessor, without the joinder of the evictor who is a subsequent grantee and present holder of the fee simple title. A demurrer was sustained to the amended declaration as a whole containing four counts and final judgment for defendant was entered. The case is here upon writ of error.

Each of the four counts of the declaration states the cause of action…