Koehne v. Harvey

Suit was instituted below in the Landlord and Tenant Branch for possession of a room in an office building. The landlord alleged that notice to quit had been served as required by law. The tenant filed a plea in abatement which was overruled, and the case went to hearing on the merits. The trial court found in favor of the landlord and thereafter the tenant filed a motion entitled, “Motion for a new trial, arrest of finding for possession, and/or dismissal.” One of the grounds of this motion was that the original notice to quit, which had not been produced by the tenant at the trial, had…