McCotter v. Flinn

MacLean, J.

(concurring). I concur in the reversal of the judgment, because -the judgment entered upon default established the existence of a valid lease, the relation of landlord and tenant and an indebtedness, in some amount, for rent. The objection to the manner of service of the precept, being merely an attempt to raise a collateral issue, is not, in my opinion, to be entertained upon this appeal.

Judgment reversed" and new trial ordered, with costs to appellant to abide event.