Parker v. Geary
Supreme Court of Arkansas
Appeal from Garland Circuit Court. Alexander M. Dueeie, Judge. Parker brought an action of unlawful detainer against Geary.
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Appeal from Garland Circuit Court. Alexander M. Dueeie, Judge. Parker brought an action of unlawful detainer against Geary. The complaint alleges that plaintiff is the owner of the lands sued for; that he rented the same to defendant; that defendant took possession of the lands under the contract; that rents became due and remained unpaid ; that, upon such default, plaintiff in writing demanded possession of the premises; and that defendant failed and refused to deliver up the same. A demurrer to the complaint was sustained, and the court dismissed the complaint. Plaintiff has appealed. 1. As…
1Opinion of the CourtHemingway, J.
Prior to the act of March 2, 1875, the statute regulating the action of unlawful detainer did not confer upon a landlord the right to maintain it for a failure and refusal to pay the rent when due and to quit possession upon demand in writing by the landlord. Gantt’s Digest, sec. 2934. But the act of that date was an amendment of the existing law, and made this a ground of maintaining the action (Mansf. Dig. sec. 3348); and such was the law when this action was instituted.
The defendant argues that the amendment was desigmed to make this a ground of maintaining the action only where, by the…
2Cases cited4 opinions
- Leary v. PattisonIllinois Supreme Court · 1872
- Borden v. SackettMassachusetts Supreme Judicial Court · 1873
- Wright v. GribbleSupreme Court of Minnesota · 1879
- Judd v. FairsMichigan Supreme Court · 1884
3Cited by6 opinions
- Geary v. ParkerSupreme Court of Arkansas · 1898
- Lingo v. MyersSupreme Court of Arkansas · 1947
- Hallbrooks v. RosserSupreme Court of Arkansas · 1920
- Martin v. StrattonSupreme Court of Arkansas · 1923
- Texas Hardwood Lumber Co. v. RichardsonSupreme Court of Arkansas · 1914
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