Epes v. Palmieri

This action by notice of motion was brought by Napoleon Palmieri, plaintiff, against Edward C. Epes, defendant, to recover the principal sum of $455 with interest, due plaintiff for rent, as alleged in the notice. There was a trial by a jury which resulted in a verdict for defendant. Upon motion of plaintiff, the verdict was set aside and a judgment in favor of plaintiff in the principal sum of $455 with interest, was entered by the court.

This action of the court, for reasons hereinafter stated, is assigned as error.

The plaintiff is the owner of a six-acre tract of land situated on Montrose…