Banbury v. Sherin
South Dakota Supreme Court
Appeal from circuit court, Marshall county. Hon. A. W. Campbell, Judge. Action to recover damages for wrongfully holding real property after the expiration of a term of tenancy. This case was decided by the court June 26, 1893. In an opinion found in 4 S. D.--, 55 N. W. 723, the judgment of the lower court was affirmed. Defendant applied for a rehearing. This opinion is upon the application.
1Opinion of the CourtKellam, J.
This is an application for a rehearing. The case is reported in 4 S. D. 55 N. W. Rep. 723. The question in the case as presented by the evidence was, what notice, if any, is required to terminate a lease originally made for one *167year, but renewed by the tenant holding over and the landlord accepting rent? See Section 3741, Comp. Laws. We say this was the question presented by the facts conceded to be established on the trial, and appellant so states in his petition for rehearing. The complaint, however, alleges no specific term for which the premises were leased, but averred that the lease was…
2Cases cited1 opinion
- Banbury v. SherinSouth Dakota Supreme Court · 1893
3Cited by3 opinions
- Peterson v. RogersSouth Dakota Supreme Court · 1984
- Peterson v. McCarneyNorth Dakota Supreme Court · 1977
- Nichols v. CallawaySupreme Court of Oklahoma · 1948