Sweeney v. Mines
Sweeney v. Mines
Opinion of the Court
delivered the opinion of the court.
The plaintiff Sweeney, as administrator, instituted a proceeding under the thirty-third section of the act concerning landlords and tenants, (R. C. 1855, p. 1016,) against the defendant Mines, to recover the possession of leased premises, on the ground that the rent reserved had not been paid.
The following is a copy of the complaint filed in the proceeding : “ James Sweeney, administrator of the estate of Thomas Maguire, deceased, being duly sworn on his oath, says, that William Mines rents and now occupies a certain two story brick dwelling and premises belonging to the estate of said Thomas Maguire, situated between Morgan street and Franklin avenue, on the west side of Eighteenth street, in
The error mostly relied on is that the complaint on which the warrant was sued out is defective inasmuch as it does not appear by it from whom the defendant rented the premises, or who was his landlord, or to whom he owed the debt or rent. We are of opinion that the complaint is sufficient.
We see nothing in the section under which this proceeding was commenced which limits the remedy therein given to leases of a fixed or determinate duration.
The judgment is affirmed.
Reference
- Full Case Name
- Sweeney, Administrator of Maguire v. Mines
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- Published