Roberts v. Crosby

A tenant holding over may arrest an eviction proceeding and prevent the removal of himself and his goods from the land by making the affidavit prescribed by the Civil Code (1910), § 5387, and giving bond as provided therein, payable to the landlord, for the eventual condemnation money. The code (§ 5388) provides, that upon the making of such affidavit and the giving of such bond the proceeding shall be returned “to the next superior court of the county where the land lies, and the fact in issue shall be there tried by a special jury as in eases of appeal;” and (§ 3550) that upon the entering…