Beynroth v. Mandeville
Court of Appeals of Kentucky
CASE 55 — PETITION ORDINARY APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. CITED— Revised Statutes, chap. 56, secs. 6, 7. Civil Code, sec. 500. 2 Bush, 176 ; Shepherd vs. Thompson. Taylor on Landlord and Tenant, p. 384. CITED— 4 Bush, 424; Thompson vs. Marsh. 1 Bush, 176; Shepherd vs. Thompson. Revised Statutes, chap. 56, secs. 6, 7.
1Opinion of the Court
JUDGE ROBERTSON
delivered the opinion oe the court:
In this action the appellant seeks a judgment for double rent for a house and lot leased by him to the appellee, in Louisville, for a year, epding September 1st, 1865. On the trial the judge instructed the jury, in effect, that there could be no recovery unless there had been demand of possession and refusal to surrender on the 1 st of September, 1865; and as there was no proof of such formal demand and refusal, the jury accordingly returned a verdict, which the court adjudged a bar to the action.
The statute allowing double rent is not so much…
2Cases cited1 opinion
- Shepherd v. ThompsonCourt of Appeals of Kentucky · 1867
3Cited by1 opinion
- Weber v. Grand Lodge of Kentucky, F. & A. M.Court of Appeals for the Sixth Circuit · 1909