People Ex Rel. Graham v. Lindsey

On Rehearing. Respondent's chief reliance for a rehearing is based upon the proposition that this court erred in remanding the case to the trial court with instructions to enter judgment of ouster, and that by so doing we have denied respondent his day in court and deprived him of his property, without due process of law, in violation of the 14th Amendment to the federal Constitution.

Respondent states that we overlooked that portion of the original record where the trial court said no defense was necessary. This part of the record does not appear in either the printed abstract of the record…