Williams v. McMillan
Ohio Supreme Court
This is a writ of error to the Supreme Court for the county of Tuscarawas. The original action was forcible detainer before a justice of the peace.
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This is a writ of error to the Supreme Court for the county of Tuscarawas. The original action was forcible detainer before a justice of the peace. The complaint, filed on the 25th of November, 1846, after describing the premises, states, “ that the said Williams hath ever since the 16th day of November, A. D. 1846, and doth still unlawfully and forcibly detain the same premises from the said McMillan; that the said Williams entered as the tenant of said McMillan, and that his lease expired on the. 16th Nov. 1846, and that on the 19th November, 1846, said McMillan duly served on the said…
1Opinion of the CourtSpaIjiing, J.
Under the act of 1881, entitled “ an act to regulate the action for forcible entry and detainer,” Swan 417, it is provided, in sec. 3, that “ where forcible detainer only shall be alleged in the complaint, it shall be the duty of the complainant to notify the defendant, at least ten days prior to issuing the writ, to leave the premises.”
The following section of the same act provides “ that when the complaint shall specify both forcible entry and detainer, it shall be the duty of the jury, if they find a verdict of guilty, to designate in such verdict whether they find the defendant guilty of…
2Cited by110 opinions
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- Gurnsey v. Northern California Power Co.California Supreme Court · 1911
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