McLain v. Calkins
Supreme Court of Iowa
Appeal from Cerro Gordo District Court. — Hon. Gf-.W. Ruddick, Judge. Action before a justice of the peace in forcible entry and detainer. A demurrer to the petition was overruled by the justice of the peace on the ground that the petition does not show the three-days notice to quit required by Code, section 3614. This demurrer was renewed in the district court, and a motion to dismiss the cause, based on the same ground as the demurrer, was made by defendant and sustained.
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Appeal from Cerro Gordo District Court. — Hon. Gf-.W. Ruddick, Judge. Action before a justice of the peace in forcible entry and detainer. A demurrer to the petition was overruled by the justice of the peace on the ground that the petition does not show the three-days notice to quit required by Code, section 3614. This demurrer was renewed in the district court, and a motion to dismiss the cause, based on the same ground as the demurrer, was made by defendant and sustained. The case was tried to a jury in the justice’s court, and a judgment entered upon a verdict for plaintiff. Defendant…
1Opinion of the CourtBeck, J.
I. The petition alleges that defendant leased the land in question of plaintiff, the term expiring September 25, 1887, and that on the twenty-fifth of August, 1887, plaintiff served upon defendant a notice to quit the possession of the land within thirty days. The petition was filed September 26. It will be observed *469that the notice to quit was served before the expiration of the term, and the suit was commenced a day thereafter.
II. The only question presented by the case is this : Was timely notice to quit, in compliance with the statute, given to defendant? The statute (Code, sec. 3611, par.…
2Cases cited2 opinions
- Hawley v. RobesonNebraska Supreme Court · 1883
- Shuver v. KlinkenbergSupreme Court of Iowa · 1885
3Cited by3 opinions
- Cowell v. Water Supply Co.Supreme Court of Iowa · 1906
- Starkweather v. Emerson Manufacturing Co.Supreme Court of Iowa · 1906
- Wright v. ZachgoSupreme Court of Iowa · 1937