Legal Opinion

Stewart v. Murrell

Supreme Court of Arkansas

Decided July 9, 1898PublishedCited by 7 opinions

Appeal from Pulaski Circuit Court, Second Division. Joseph W. Martin, Judge. STATEMENT BY THE COURT. This is a suit by Mrs. M. B. Murrell, appellee, against J. M. Stewart, appellant, for the rent, for the month of February, of a dwelling house in this city.

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Appeal from Pulaski Circuit Court, Second Division. Joseph W. Martin, Judge. STATEMENT BY THE COURT. This is a suit by Mrs. M. B. Murrell, appellee, against J. M. Stewart, appellant, for the rent, for the month of February, of a dwelling house in this city. There was evidence tending to show that the renting was by the month; that the rent was payable]in advance; that appellant, the tenant, before the end of January, notified the appellee, the landlord, of his intention to vacate the premises at the end of that month; that he did so vacate, and had moved out before the last day of January.…

1Opinion of the Court

Hughes, J.,

(after stating the facts). The only question in this case is, did the court commit a reversible error in its instruction to the jury “that fifteen days’ notice of an intention to quit must be given by a tenant by 'the month to his landlord to relieve him of liability for the rent of the next succeeding month; and, unless you find such notice was given, you will find for the plaintiff for one month’s rent?”

The appellant contends that reasonable notice only is required, and that what is reasonable notice is a question of fact for the jury under the circumstances of the case, and to…

2Cited by7 opinions

  1. Peel v. LaneSupreme Court of Arkansas · 1921
  2. Reece v. LeslieSupreme Court of Arkansas · 1912
  3. Gregory v. WalkerSupreme Court of Arkansas · 1965
  4. Bromley v. AdaySupreme Court of Arkansas · 1902
  5. Dillon v. MillerSupreme Court of Arkansas · 1944

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