Public-domain · open source
OpenJurist

49 Ill. App. 519

Moller v. Barrett

Appellate Court of Illinois

Decided December 12, 1893

Appellate Court of Illinois · decided 1893-12-12

Memorandum. —Action for forcible detainer. Appeal from the County Court of La Salle County; the Hon. Benjamin F. Lincoln, Judge, presiding. Heard in this court at the May term, A. D. 1893, and affirmed. Form of the notice and return: “ToN.

Decided 1893-12-12

¶1Opinion op the Court,

Cartwright, J.

¶2Appellee brought this action in forcible detainer, and recovered before the justice, and also in the County Court on appeal.

¶3The only question in the case is concerning the sufficiency of the proof of service of a notice to terminate a tenancy by the month. The service of the notice was proven by the return of a constable of La Salle Comity, indorsed on tbe notice. This return was made prima facie evidence of the facts therein stated by the provision contained in section 11, chapter 80, Revised Statutes, for that purpose. The judgment will be affirmed.

/49/illapp/519 · .json · Public domain