Wilcke v. Smith

SYLLABI BY THE COURT

OPINION

By McBRIDE, J.:

This matter in forcible entry and detainer was submitted to the Court without a jury. Towards the close of the case plaintiff moved for judgment on the pleadings and the testimony. It is the opinion of the Court that this motion submitted the case on its merits to the Court and it is overruled for any other purpose.

' There is no dispute as to ownership or the service of the notice required for eviction. The facts clearly show that the defendant failed to pay the rent due February 19, 1946 on time and that subsequently the defendant paid and the…