Fales v. Gibbs

STORY, Circuit Justice.

I give no opinion upon the exactness or regularity of the pleadings in this case, though they might be open to observation, because the parties have at the argument put the case upon the single point, whether Kelly, as tenant at will, is liable to be sued in the present action. It is true, that the defendant has suggested, that he has principally in view the question, whether he is liable to pay rent to the de-mandant since the commencement of the suit, he having paid it up to the 19th of April last But that point cannot arise in this case, for no rent is recoverable in…