Giandonancio v. O'Donnell

Citations

• 30 Del. 102
• 7 Boyce 102
• 103 A. 353
• 1918 Del. LEXIS 23

Syllabus

<p>1. Landlord and Tenant—Forcible Detainer—Verdict—Statute.</p> <p>In a landlord's action to recover demised premises after notice to quit, verdict, “We, the jurors, * * * do find for the plaintiff in the sum of six cents damages,” not finding for plaintiff with respect to his right of possession of the premises, did not substantially meet the requirements oí Rev. Code 1915, §§ 4071, 4072, providing that, if it shall be proved that plaintiff is entitled to the possession of the premises, he shall have judgment for possession and his costs, and, in case of a holding over after notice to quit, for such damages as shall be assessed, and that, in case of a tenant’s holding over, verdict may be in the form, “We, the jurors, * * * do find for the plaintiff, and we do assess the damages, on occasion of the premises, to the sum of-.”</p> <p>2. Landlord and Tenant—Forcible Detainer—Form of Verdict— Statutes.</p> <p>In a landlord's action to recover the demised premises after notice to quit, the verdict not substantially meeting the requirements of Rev. Code 1915, §§ 4071, 4072, was fatal error, which cannot be amended under Section 4083, providing that judgment in such action shall not be reversed for any formal defect or error amendable on the face of the proceedings.</p>