Stadiem v. . Harvell

The perplexity presented on the record arises from the way the first issue was drawn. If we had only the issue and its answer to enlighten us, it would seem that however the issue was answered the defendant must lose, since if the answer should be in the affirmative, there would be a finding that the defendant was a tenant and that he was holding over after the expiration of his tenancy, and, therefore, should be ejected; and if the answer should be in the negative there would be a finding that the defendant was not a tenant and not holding over after his tenancy expired, and, therefore, not…