34 Ind. App. 343 | Ind. Ct. App. | 1905
“To Morgan Preston: Y ou are hereby notified to deliver up to me at the expiration of ten days from the time of receiving this notice the possession of the following premises: [describing the leased premises] unless the refit due for said premises be paid within that time.” This notice was served on the 13th day of October.
In the justice’s court the case was tried by a jury, resulting in a verdict in favor of appellant. The appellee appealed to the court below, where he interposed a motion to dismiss the cause upon three grounds: (1) That the complaint did not state facts sufficient to constitute a cause of action; (2) because sufficient notice to quit had not been served upon appellee; and (3) because the action was prematurely brought. This motion the court sustained and dismissed the action. The motion and the ruling thereon are brought into the record by a bill of exceptions, and the sustaining of said motion is the only error assigned. Section 7092 Burns 1901, §5211 N. S. 1881, reads as follows:
Judgment affirmed.