Lacrabere

This is an appeal hy defendants from an order denying their motion for a new trial.

The action is for unlawful detainer, and the points made hy appellants here are, that the evidence was insufficient to sustain any of the findings, and that the court erred in denying their motion for a nonsuit.

The complaint was in the form usual in such actions, alleging lease of the premises in controversy to defendants at a specified monthly rental, a failure to make payment of the rents for several months, the service of a three days’ notice to make such payment, or deliver possession of the premises, and the failure of defendants to do either.

The answer puts squarely in issue every allegation in the complaint.

Upon the trial, counsel for plaintiff, to prove the allegation in the complaint of service of three days’ notice, offered in evidence a paper purporting to he such notice, having attached to it affidavits of several persons tending to show service hy them, upon the defendants, of the proffered paper.

Over the objection, and under the exception of defendants, this notice, with the accompanying affidavits as sufficient proof thereof, was admitted in evidence. This was all the…