Spooner v. French
Supreme Court of Minnesota
Proceeding by plaintiff, before a justice of the peace, under Gen. St. ch. 84, to dispossess the defendant, his tenant, for non-payment of rent. Upon filing the complaint (which contained no averment of a demand of the unpaid rent) a summons issued, returnable six days thereafter, at ten o’clock a. m., at which time the case was called, the plaintiff alone appearing, and upon the evidence adduced the justice rendered judgment for plaintiff for restitution and for costs.
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Proceeding by plaintiff, before a justice of the peace, under Gen. St. ch. 84, to dispossess the defendant, his tenant, for non-payment of rent. Upon filing the complaint (which contained no averment of a demand of the unpaid rent) a summons issued, returnable six days thereafter, at ten o’clock a. m., at which time the case was called, the plaintiff alone appearing, and upon the evidence adduced the justice rendered judgment for plaintiff for restitution and for costs. At forty-two minutes after ten the defendant appeared before the justice, and offered to file an answer, but judgment had…
1Opinion of the Court
Gilfillan, G. J.
The only questions in this case are : 1. Is it necessary that a landlord, proceeding against his tenant, under the provisions of Gen. St. ch. 84, for holding over after rent has become due, shall have first demanded payment of the rent? 2. Is it necessary, in those proceedings, that the justice should wait one hour after the hour mentioned in the summons for the parties to appear, before going on with the hearing?
The statute, § 11, gives the right to these proceedings when'the tenant “holds over * * * after any rent becomes due,” according to the terms of the lease. No-other…
2Cited by7 opinions
- First Minneapolis Trust Co. v. Lancaster Corp.Supreme Court of Minnesota · 1931
- Goldberg v. FieldsSupreme Court of Minnesota · 1956
- Leifman v. PercanskySupreme Court of Minnesota · 1932
- Caley v. RogersSupreme Court of Minnesota · 1898
- Union Scale Co. v. Iowa Machinery & Supply Co.Supreme Court of Iowa · 1907
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