Browne v. Haseltine

Citations

• 9 S.D. 524
• 70 N.W. 648
• 1897 S.D. LEXIS 98

Syllabus

<p>1. Jurisdiction in forcible detainer does not depend on the filing of a verified complaint before the issuance of summons, and it is sufficient if the complaint is filed at or before the time the defendant is required by the summons to appear and answer. Comp. Laws, § 6077.</p> <p>2. Where plaintiff in an action of detainer pleads a written lease, by the terms of which defendant covenanted to surrender possession at the expiration of the term, he is not required to plead title, and in such case no issue involving the title to the property can arise.</p>