Peters v. Nealon

The tenants have made a motion to dismiss this summary proceeding for the lack of jurisdiction on the ground that the notice served by the landlord upon the tenants was not sufficient in that it did not give the tenants a sixty-day notice to remove.

Upon the argument of the motion it was stipulated in open court that the notice was served prior to September 1, 1948, and not earlier than August 25, 1948. The notice submitted to the court upon said argument was dated August 25, 1948, requiring the tenant to remove on the 1st day of October, 1948. The petition and precept were served as shown by…