Anderson v. Walker Realty Co.

Appellee, plaintiff below, was a tenant in an apartment house of the appellant in December, 1922, and deeming himself to have been constructively evicted from his tenancy because of a lack of steam heat during that month, removed on the 22d to other quarters. The landlord distrained in January for January rent due (if at all) in advance, but without *288impounding the chattels; the tenant brought this suit in replevin, and had a judgment for possession of the goods.

The first specification of error is merely the general one, that the trial judge erred in giving judgment of possession, and needs no…