Greenberg v. Murphy
Cuyahoga Circuit Court
ERROR to Cuyahoga common pleas court. To constitute an eviction, there must be some act of the landlord that compels an abandonment of the property; notice to vacate or demand for possession is not an eviction. Wood, Landl. & Ten. 481; 11 Enc.
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ERROR to Cuyahoga common pleas court. To constitute an eviction, there must be some act of the landlord that compels an abandonment of the property; notice to vacate or demand for possession is not an eviction. Wood, Landl. & Ten. 481; 11 Enc. Law (2 ed.) 466, Par. 4; 2 McAdam, Landl. & Ten. 407, 418. The statutory notice to vacate is only a preliminary step, it may or may not be followed by a judgment of eviction, and till there is such judgment, the tenant is in no way disturbed in his possession. .
1Opinion of the CourtWinch, J.
The error complained of in this case is the action of the trial court in sustaining a general demurrer to the amended petition. Said amended petition reads as follows:
“Now comes the plaintiff and by leave of the court first had and obtained, files this, his amended petition herein, and for his cause of -action, says that prior to and upon September 1, 1903, and while the said plaintiff was a tenant of the said defendant and was occupying the premises hereinafter mentioned and described, the said defendant for a valuable consideration, agreed to and with the said plaintiff, that he would…
2Cases cited2 opinions
- Tarpy v. BlumeSupreme Court of Iowa · 1897
- Wright v. EverettSupreme Court of Iowa · 1893