Town of Lakota v. Gray

— The controversy arises upon defendant’s motion attacking plaintiff’s petition.' The motion was overruled and we are left to infer (probably under Rule 86, Rules, of Civil Procedure) that defendant, by. not pleading.. over, elected to stand on it and that a final adjudication against him resulted, from which the appeal is taken. We shall so assume since actual entry of final judgment is not shown.

It stands admitted, as alleged in the petition, that defendant was in possession of plaintiff’s premises under a written lease expiring March 31, 1948; that on April 2 a three-day notice to quit was…