Sheats v. Blair

Hill, O. J.

Plaintiffs instituted proceedings under section 4808 et seq. of the Civil Code, to eject the defendant, as an intruder, from their “lands 'and tenements.” When, the sheriff served the warrant of eviction he either notified the defendant that he would execute the warrant and eject him unless a counter-affidavit was tendered to him within three days as required by the Civil Code, §4821, or then told him to appear and make his defense at the next term of the city court, which convened in the following week. The evidence is doubtful as to what notice was given to the defendant on this…