Gabel

This is an action for unlawful detainer of the premises described in the complaint. The case was tried by jury and verdict returned and judgment accordingly for the defendant. The appeal is from the judgment upon a bill of exceptions.

The land over which this action arises is situated in Kings county, and was demised to the defendant', and he entered into the possession thereof, by and under the provisions of a certain written lease, for the term of twelve months from the first day of November, 1904.

The complaint was filed on the twenty-eighth day of November, 1905. It alleges that the term fixed by said lease expired on the thirty-first day of October, 1905, and that the defendant “unlawfully detains said premises and the possession thereof against the plaintiff herein, and in violation of the express terms of the said lease under which he entered said premises.” It further avers that “the defendant has refused and neglected to pay rents and is now in arrears for rents to the amount of above sixty dollars”;! that he continues to unlawfully hold and detain the premises against the will and consent of plaintiff, and “persists in refusing to quit and deliver up the possession of…