Lynam v. Schueler

OPINION

By HORNBECK, PJ.

This is an appeal from a judgment of the Common Pleas Court affirming a judgment of the Municipal Court of the City of Dayton dismissing plaintiff’s action in forcible detainer of certain real estate in said city. The first cause of action of the statement of claim is in the usual form of forcible detainer cases. We give no attention to the second cause of action which was for rent claimed to be due.

There was an answer and an amended answer filed and a reply to the original answer but no reply to the amended answer. After a general denial, the amended answer averred…