Garrett v. Cross

LThe plaintiffs’ action and the majority’s opinion recognize that there are two separate actions with two different forms of proceedings cumulated in this case. First, the eviction is a special summary proceeding. The plaintiffs set a hearing for the rule and served Cross with a form “Citation on Eviction Rule,” ordering her to show cause before the court on August 29 to prevent the eviction. Second, plaintiffs’ petition also alleged that Cross owed $9,090 in past due rent. While the petition did not pray for a money judgment but contained only a specific prayer for eviction, an action for a…