Secor v. Pestana
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Erastus S. Williams, Judge, presiding. This was an action of forcible detainer commenced before a justice of the peace in Cook county, by Sarah M. Pestaña against Oliver P. Secor. The case was removed into the Circuit Court by appeal, where a trial resulted in a verdict and judgment for. the plaintiff. The defendant thereupon took this appeal. The facts are sufficiently presented in the opinion of the court.
1Opinion of the CourtJustice Breese
This was an action of forcible detainer. The facts briefly stated are, that the appellee leased, by writing, certain premises on Dearborn street, in the city of Chicago, for a term to expire on the first day of May, 1863. Afterward, by a verbal agreement, appellant leased the same until the first day of May, 1864, and the question is, was the tenant entitled to notice to quit, before action brought.
This tenancy was for a fixed period, namely, to the first day of May, 1864, consequently no notice was necessary. On that day, appellant was honnd to surrender the premises, as his term had expired…
2Cited by11 opinions
- Montgomery v. WillisNebraska Supreme Court · 1895
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- State v. CooleyNebraska Supreme Court · 1952
- Shipman v. MitchellTexas Supreme Court · 1885
- Barnes v. DavittNebraska Supreme Court · 1955
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