Morton v. Ivacic

SHEPARD, Chief Justice.

The informality of litigating in small claims court promotes doing substantial justice in a relatively efficient way, conferring benefits on plaintiffs and defendants alike. In this case, the court effectively declined to hear evidence on a tenant’s affirmative defenses to eviction and ordered immediate possession for the landlord. We conclude that the tenant was not given a sufficient opportunity to present a defense, and therefore reverse.

Facts and Procedural History

For nearly five years, appellant Ky Morton leased an apartment in South Bend, Indiana from Jerome P.…