Garrison v. Abrams

This is a summary proceeding to recover certain real property leased under an oral rental agreement. The proceeding seeks to recover possession and the claimed unpaid rent. The notice of petition was made returnable on the 19th day of July, 1965. The notice of petition and petition have annexed thereto a purported affidavit of service, which in addition to being incomplete as to form also inaccurately recites that the ‘ ‘ precept and petition ’ ’ were served upon the tenant on the 3d day of July, 1965.

The latter has interposed an answer which, inter alia, sets up (a) a defense that the notice…