Daily Republican., 1883-04-09
AN INTERES ING CASE.

A Quest ION Of Notices To Tenants
Points OF Law ~ brought gu.
Before Squire O'Neil this Morn.
ing.
A very interesting case, 40 far rs II
concerns landlords and tenants, was
heard this NOR ming before Esquire
O'Neil, which no doubt will be of use
in future cases Of the same kind, that
may occur.
The case was about az follows
William Dollard rem ted the premises
at the S. Il. corner of Second and Jack.
son streets over year ago of Council
man Robert G. Shaw. On December
18th last notification, signed by Mr..
Shaw, was served upon Mr.. Dollard to
deliver up the premises Cd March 25th.
This Mr.. Dollar,l failed to do, claiming
rs his defense that he did not believe
it was signed by Mr.. Shaw, and was
therefore illegal.
In the meantime Mr.. Shaw rented the
premises to John Bardon, who made
every arrangement to move in on the
general moving day. When moving
day arrived, Mr. Bardon could not oh.
tain possession Of the premises he had
leased, Dollard continuing to hold pos
session of it, This left him without a
place, and he was compelled TO store ms
household effects away. Bardon then
demanded the premises of Shaw, and
800 damages. In order to have The
matter settled Shaw brought suit
against DOllard for ejectment and dam.
ages to the amount claimed by Bardon.
The case, after three postponements,
came up before Esquire o'Neil, this
pearing for Shaw, and l.. &. Vandc-
grit, Esq, for Oollard.
Robert q. Shaw, the owner, testified
that he was the owner OF the premises,
and rented them over ayear ago to VIM.
Dollard, who agreed to pay $50 per
month for the house and e9o8 for the
license. IN the 10Th OF December last
he wrote and signed notlllcatlon to
Dollard to give up the premises on
March 10Th. The notice was served on
the lStn by James McNulty. thus FAR
Dollard had refused to give possession.
ne had rented the place to James Bar
don, who claims 500 damages for non
possession. Upon cross-eXamination,
Mr.. Shaw sworc that the signature to
the notices were written by him.
james McNulty testified that he
served the notice on December 18TH.
he laid it down upon the bar, saying:
There Is Christmas present from Mr..
shaw. The notice was picked up by
Mr.. Dollard and handed to the defend
ant he cotld almost tell whether Mr..
Shaw signed it or not
John iiardon testified to leasing the
and the amount Of damages
by him.
In opening for the defense, Mr.. Van
degritt claimed that the defendant had
not received notice from the landlord
sufficient to satisfy his client that II was
"A legal one. lie commended that the ten
ant must he satisfied that the notice
was written by the owneras laid down
III laylor's law Of landlord and tenant.
The plaintiff is bound to show that
the notices were legally signed, us there
can be Il" ratification Of the notice after
il is written.
William DoIlard, the defendant, ties
'!Nrl lha1 he received Ia" notice on De
ermbcr 18Th, but he did not consider it
To b" in Mr.. ShaW's handwriting. He
did not give up the premises Oh that
account. He had tried to find ont
whether the notices were written by
Mr.. Shaw, but could not. He lad
never asked Mr., Shaw in reference to
the matter, although he had seen him
short after New Years.
This ended til" testimony, and in sum
ming up Mr. Lore, said the law was
pain in regard to the case They had
proven that Mr.. Shaw had signed the
notices, and if he did MOI, the law does
not require him t" do 50. If the owner