Scheifele v. Irving

The opinion of the court was delivered by

Garrison, J.

This is an action brought for the recovery-of demised premises for the non-payment of rent. Rev., p. 576, § 29.

*181The question is, whether the justice acquired jurisdiction. The affidavit of the landlord sets forth that the notice of rent in arrears was served on the defendant “ by affixing a copy of such notice to the door of said demised premises occupied by said Philip A. Scheifele, it being impossible to make service personally or by leaving with a member of his family.”

This affidavit is clearly insufficient, in that it fails to state the…