Heron v. Kelly

SADLER, Chief Justice.

The defendant below, who is the appellee here, has moved for rehearing and upon consideration of the motion, we withdraw our former opinion heretofore filed, substituting this one therefor.

The plaintiff has appealed from a judgment of the district court dismissing his complaint in forcible entry and detainer, following an appeal by defendant to such court from an adverse judgment rendered by a justice of the peace. The complaint is in the following form, to-wit:

“Kenneth A. Heron, plaintiff in the above entitled cause, complains and says, that heretofore, to wit: On or…