Flanneken v. Wright
Mississippi Supreme Court
Appeal from the Chancery Court of Monroe County. HoN. BaxteR McFablaND, Chancellor. On December 8,1885, Mrs. A. E. Flanneken leased “Greenwood Springs” to J. M. Wright for five years, the first installment of rent to be paid on December 15, 1885. Wright failed to pay this installment when it fell due, and on May 1, 1886, Mrs. Flanneken gave him written notice to pay the rent or yield possession.
Read the full summary
Appeal from the Chancery Court of Monroe County. HoN. BaxteR McFablaND, Chancellor. On December 8,1885, Mrs. A. E. Flanneken leased “Greenwood Springs” to J. M. Wright for five years, the first installment of rent to be paid on December 15, 1885. Wright failed to pay this installment when it fell due, and on May 1, 1886, Mrs. Flanneken gave him written notice to pay the rent or yield possession. On May 6, 1886, she brought an action before a justice of the peace to recover possession, and judgment was rendered in her favor. Wright appealed to the circuit court, when again the cause was…
1Opinion of the CourtCampbell, J.
Section 1343 of the code gives the right of appeal in the proceeding against a tenant holding over after the expiration of his term or after default in the payment of rent, whichever may be the case.
The right to pay the rent due and all the costs and charges of the proceedings exists as well after trial in the circuit court on appeal as after trial by the magistrate before whom the proceeding is begun.
The remedy of the appellee was full and complete by application for a supersedeas to the circuit court, and therefore his bill is without equity, and on that ground the injunction should have…
2Cited by1 opinion
- Miller v. OwensSupreme Court of Colorado · 1913