Hunter v. Karcher

Citations

• 8 S.D. 554
• 67 N.W. 621
• 1896 S.D. LEXIS 80

Syllabus

<p>1. The record in an action brought in justice court fully specified the nature of the claim, and contained, over the certificate of the justice, a transcript of his docket, enumerating all essential jurisdictional facts, and concluding with a recital that, “after hearing the evidence and law, judgment was given for plaintiff for $20 against C., and costs $13.50, making in all $33.50,” and that notice of appeal was given by C’s attorney. Held, that the record showed a valid judgment, within Comp. Laws, Sec. 5024, defining a judgment as “the final determination of the rights of the parties.”</p> <p>2. A lessee under a verbal lease from month to month gave notice, on June 5th, of an intention to terminate the lease, but left his personal effects in the house after July 1st, and the premises were occupied by his wife during that month. Held, that as the lease was by operation of law renewed on July 1st, before the expiration of the 30 days required by Comp. Laws, Sec. 3742, to terminate such tenancies after notice, the lessee was liable for the July rent.</p> <p>3. A statement by a lessee from month to month that he “guessed he would have to give up the house,” is not a sufficient notice of an intention to terminate the lease.</p>