Montanye v. Wallahan

This was a proceeding under a distress warrant issued on the 7th day of Hovember, 1873, by Wallahan against Montanye, as tenant of a certain 80 acres of land, for rent claimed to be due for the year 1873. The distress warrant having been levied, proceedings were had, under the statute, in the circuit court to assess the amount of rent due, and the amount found due by the jury was $256.15, for which judgment was entered, and this appeal taken therefrom by the defendant.

There was a written lease between the parties, whereby Wallahan leased the premises to Montanye for one year, from March 1,…