Moran v. Hooper

BLACKBIRD, Justice.

In the trial de novo of this forcible de-tainer action in the county court, plaintiff’s counsel attempted to prove that defendant had been served the statutory 3-day notice to quit, as a prerequisite to the filing of the action, by introducing in evidence the notice itself and by the testimony of one of the deputies of the sheriff who had signed the certificate of service attached to said notice. When the deputy, after identifying the signature thereon as that of the sheriff, was unable to testify that he personally knew that the notice had been served, the court first…