Rickerson v. Flowers

Warner, Chief Justice.

This was a distress warrant for rent under the provisions of the 4005th section of the Code. The defendant filed a counter-affidavit denying that he held the premises from the plaintiff, either by lease or rent, and also denied that, he owed the plaintiff any rent. On the trial of the issue thus formed, the jury returned the following verdict: “We, the jury, find *216the issue for the plaintiff.” The defendant made a motion for a new trial on the ground that the verdict was void, as it did not cover the issue made by the pleadings, and because it was decidedly against the…