Burke v. Henry

On the trial in the circuit court of an appeal from a commissioner’s judgment in summary proceedings, the plaintiffs neglected to make proof of service of notice of forfeiture. The de fendants made no objection to the entry of judgment without such proof. At the close of the plaintiffs’ case, the court addressing defendants’ counsel inquired if he had anything to offer. Counsel replied that he had not, and that the amount claimed by the plaintiffs to be due was correct. Thereupon the court entered judgment in favor of the plaintiffs. The defendants have appealed.

Proof of a valid forfeiture…