Mileski v. Kerby

Kiner, Chief Justice.

This is a direct appeal from a judgment of the district court of Washakie County, and presents the question whether the defendant and appellant, Kerby, was evicted by his lessor from certain premises leased by the plaintiff and respondent, Mileski, to the former, and who in consequence attempted to surrender the said lease, the surrender being claimed to have been accepted by Mileski. The question arose upon Mileski’s action for the overdue rental alleged to be due plaintiff from the defendant for certain months under the lease aforesaid. The parties will usually be…