McCartney v. McMullen

This was an action of forcible entry and detainer tried before a justice of the peace and appealed to the Circuit Court. On a trial in that court, a verdict was found for, and a judgment rendered in favor of plaintiff below, to reverse which this appeal is prosecuted. Although several errors have been assigned we only propose to consider' that overruling the motion for a new trial. In support of that assignment of error it is insisted that the evidence fails to support the verdict. In this form of action, the plaintiff, to recover, must show'that he had the actual possession of the premises…