{
  "id": 5125635,
  "name": "Moller v. Barrett",
  "name_abbreviation": "Moller v. Barrett",
  "decision_date": "1893-12-12",
  "docket_number": "",
  "first_page": "519",
  "last_page": "520",
  "citations": [
    {
      "type": "official",
      "cite": "49 Ill. App. 519"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 176,
    "char_count": 2150,
    "ocr_confidence": 0.442,
    "sha256": "a50263cb3ba8d78101916a504c15e46c9840e49d92fb19231ff5e308b6c3745e",
    "simhash": "1:17c00c383565a74a",
    "word_count": 377
  },
  "last_updated": "2023-07-14T18:20:14.004565+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Moller v. Barrett."
    ],
    "opinions": [
      {
        "text": "Opinion op the Court,\nCartwright, J.\nAppellee brought this action in forcible detainer, and recovered before the justice, and also in the County Court on appeal.\nThe only question in the case is concerning the sufficiency of the proof of service of a notice to terminate a tenancy by the month. The service of the notice was proven by the return of a constable of La Salle Comity, indorsed on tbe notice. This return was made prima facie evidence of the facts therein stated by the provision contained in section 11, chapter 80, Revised Statutes, for that purpose. The judgment will be affirmed.",
        "type": "majority",
        "author": "Cartwright, J."
      }
    ],
    "attorneys": [
      "C. P. Gardner, attorney for appellant.",
      "Moloney, Burke & Madden, attorneys for appellee."
    ],
    "corrections": "",
    "head_matter": "Moller v. Barrett.\n1. Forcible Detainer\u2014Service of Notice.-\u2014The return of a constable indorsed on a notice, in forcible detainer, to terminate a tenancy by the month, showing service of the notice, is prima facie evidence of the facts therein stated under Sec. 11, Chap. 80, of the Revised Statutes.\nMemorandum. \u2014Action for forcible detainer. Appeal from the County Court of La Salle County; the Hon. Benjamin F. Lincoln, Judge, presiding. Heard in this court at the May term, A. D. 1893, and affirmed.\nOpinion filed December 12, 1893.\nForm of the notice and return:\n\u201cToN. Moller:\n\u201c Sir: You will please take notice that you are hereby notified to quit and deliver up, on the 31st day of July, A. D. 1892, the possession of the premises which you now hold of me, situate in the city of Mendota, county of La Salle and State of Illinois, more particularly described as follows: Lots 8 and 9, in block 53, West\u2019s addition to Mendota; being at the end of the month of your tenancy.\n\u201cWilliam Barrett, Landlord.\"\n\u201c June 28, 1892.\nService of said notice was made by Ed. Coleman, a constable, and a return thereon made by him as to the manner of the service. Said return is as follows:\n\u201c State op Illinois, ) _\nLa Salle County. j ' \u201c I have duly served the within notice on\nthe within named N. Moller by reading- the same to him and delivering to him a true copy thereof this 29th day of June, A. D. 1892.\n\u201cEd. Coleman, Constable.\n\u201cFees......\u00a7 .35\n\u201c Service... .10\n\u201c8 .45\u201d\nC. P. Gardner, attorney for appellant.\nMoloney, Burke & Madden, attorneys for appellee."
  },
  "file_name": "0519-01",
  "first_page_order": 515,
  "last_page_order": 516
}