Mone v. Pope
Ohio Circuit Courts
Error to the Court of Common Pleas of Franklin County. On the 20th of February, 1894, Pope gave notice to Mone who was his tenant, to quit the premises “on or before the 15th day of March, 1894.” On March 12, 1894, he gave him notice to quit “ within three days after the service of the notice.” On the 16th day of March he filed his complaint against him, and on the 26th day of March he recovered a verdict with an order of the justice for the possession of the premises.
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Error to the Court of Common Pleas of Franklin County. On the 20th of February, 1894, Pope gave notice to Mone who was his tenant, to quit the premises “on or before the 15th day of March, 1894.” On March 12, 1894, he gave him notice to quit “ within three days after the service of the notice.” On the 16th day of March he filed his complaint against him, and on the 26th day of March he recovered a verdict with an order of the justice for the possession of the premises. These proceedings were reversed in the court of common pleas on the 14th day of April, 1894. April 14, 1894, without serving…
1Opinion of the CourtShauck, J.
The provision of the statute, section 6601, is that a judgment under chapter 9, title 3, “ shall not be a bar to any after action brought by either party.” But to the bringing of such “ after action ” the provisions of section 6602 apply as to an original action, and a party desiring to bring such action must give the notice which the section provides.
It is settled in Leutzer v. Herchelrode, 20 Ohio St. 334, that during the term for which the tenant rightfully holds there may be given the notice mentioned in section 6602 to quit on or before the day named in the notice, that day being at…
2Cases cited1 opinion
- Connell v. ChambersNebraska Supreme Court · 1887