Harper v. Tomblin

This record presents the single question of the jurisdiction of a county court to try the issue made by the tenant’s counter-affidavit to a warrant issued by a notary public and ex-officio justice of the peace, on the affidavit of the landlord to eject the-tenant as holding over beyond his term. See Civil Code, §§.4813, 4814, 4815. It is contended that the county court has no jurisdiction to try this issue, because the Civil Code, § 4816, requires that when the counter-affidavit and bond of the tenant are made and delivered to the executing officer, he shall return the proceedings to the next…