Doran v. Gillespie

Citations

• 54 Ill. 366

Syllabus

<p>1. Practice—motion to quash complaint in forcible detainer. Where the complaint in an action of forcible detainer is defective in substance, a motion to quash the complaint will avail the party alleging the deficiency.</p> <p>2. Forcible detainer—of the demand,—when it must be made. The demand in writing, for possession, required to be made upon a tenant to authorize an action of forcible detainer against him, under the act of 1845, should be made after the determination of the time for which the premises were let. A demand made before that time will not avail.</p> <p>3. Same—requisites of the complaint in that regard,. Unless the complaint shows that the demand for possession was made after the determination of the term, it is substantially defective.</p> <p>4. Where a complaint alleged that the term had been “ determined by expiration, and by due notice, in writing, served upon” the tenant, it was held insufficient, as it could not be inferred from the words “ due notice,” that there was a demand for possession made by the landlord.</p> <p>5. Same—upon whom the demand must be made. The written demand for possession should be delivered to the defendant himself. It is not sufficient that it be served “by delivering a copy to a person above the age of twelve years, residing on the premises.”</p> <p>6. Same—by whom the demand should be made. A complaint in forcible detainer is substantially defective unless it shows the demand for possession was made or served by the plaintiff, or by some person authorized by him to serve it.</p>