Startex Mills v. Comer

The opinion of the Court was delivered by

Mr. ChiEE Justice Stabrer.

This was a special proceeding under Section 8813 of the Code of 1932. On an affidavit made by the agent of the landlord, the Startex Mills, to the effect that the tenant, B. C. Comer, was holding over after notice to quit and had refused to pay the past-due rent, a rule was issued by a magistrate requiring the respondent to show cause, at the time and place named in the order, why he should not be ejected from the premises occupied by him. Before the time set for the hearing, however, counsel for Comer gave written notice that…