Seem v. McLees
Illinois Supreme Court
This was a proceeding, commenced before a justice of the peace of Stephenson county, upon the following complaint: The complaint of David Seem, of the city of Freeport, in said county, who being duly sworn, upon his oath gives William Herbert, Esq., one of the justices of the peace of said county, to understand and be informed, that on the twenty-sixth day or October, A. D. 1858, in the county aforesaid, he did demise and lease to Ingram McLees, of the place aforesaid, all…
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This was a proceeding, commenced before a justice of the peace of Stephenson county, upon the following complaint: The complaint of David Seem, of the city of Freeport, in said county, who being duly sworn, upon his oath gives William Herbert, Esq., one of the justices of the peace of said county, to understand and be informed, that on the twenty-sixth day or October, A. D. 1858, in the county aforesaid, he did demise and lease to Ingram McLees, of the place aforesaid, all that certain house and lot, situate in the city of Freeport, in the county aforesaid, known and designated as follows:…
1Opinion of the Court
Catón, C. J.
The defendant was a tenant from month to month, and was entitled to one month’s notice to quit, before he was liable to be sued in an action of forcible detainer. If the notice offered in evidence was designed to terminate the lease at, the end of the succeeding month, then the action was brought too soon, for that month had not expired.
But waiving this, and assuming that the notice offered was designed as the notice required by the statute, as preparatory, to bringing the action, and it was insufficient. It did not appear that the notice, or a copy of it, was left with the…
2Cited by3 opinions
- Steffens v. EarlSupreme Court of New Jersey · 1878
- Lehman v. WhittingtonAppellate Court of Illinois · 1881
- Doran v. GillespieIllinois Supreme Court · 1870