Mighell v. Kelley

The opinion of the court was delivered by

Watkins, J.

This is a summary proceeding by the plaintiff to procure the eviction of the defendant as a contumacious tenant of the premises leased to him; and from a judgment condemning- him to deliver up the possession thereof, the latter has appealed suspensively.

In this court the plaintiff and appellee filed an answer to the appeal, ■and prayed for the allowance of damages against the defendant, on the ground that same was prosecuted for the purpose of delay.

This suit is in the ordinary form of summary proceedings, and the petitioner declares that,…