Walsh v. Martin

This action was brought before a justice of the peace of St. Clair county, to recover for the use and occupation of a certain store and lot in the city of Port Huron.

The declaration was upon the common counts in assumpsit—

“ For the use and occupation of a certain store and premises on the east side of Huron avenue in the city of Port Huron, being the three-story brick building now occupied by defendants.”

*30The defendants pleaded the general issue, and gave notice—

“That they were not, and never had been, tenants of the plaintiff, or occupied the store mentioned in his declaration under him or…