Flynn v. Merck

Duckworth, Chief Justice.

(After stating the foregoing facts.) Our Code, Chapter 61-3, prescribes the procedure at law for dispossessing a tenant, and § 61-303 affords one who has been proceeded against by dispossessory warrant a full and adequate legal remedy. It is there provided that the tenant may arrest such dispossessory proceedings by declaring on oath that his lease or term has not expired, that he is not holding over, or that the rent is not due or “that he does not hold the premises, either by lease, or rent, or at will, or by sufferance, or otherwise from the person who made the…