Woodward v. Cone

This was a suit of forcible detainer, commenced on the 3d day of April, 1872, under the act of 1865 (Laws of that year, page 107), and growing out of the alleged forfeiture of a lease for non-payment of rent.

The court below dismissed the suit for the insufficiency of the complaint, and the propriety of so doing is the only question now involved, which, it is conceded, turns upon the point, whether sufficient notice to quit was averred in the complaint.

The complaint sets forth that, on May 1, 1871, the premises were leased to the defendant till May 1, 1872, at the rent of $57.50, payable on…