Volyes v. Straka

This is an action at law to recover $160, claimed to be due for rent up to June 15, 1923, for premises leased by the plaintiffs to defendant. The action was commenced on June 27, 1923. Thereafter, and on July 12, 1923, the plaintiffs commenced an independent action under the statute, for an unlawful detainer, to recover possession of the leased premises, alleging default after proper notice in the payment of the rent sued upon in the former action, as the basis for the unlawful detainer, and praying judgment for the restitution of the premises and damages, but not for rent. The action for…