Gaultney v. Adamson

(After stating the foregoing facts.)

The trial judge did not err in sustaining the demurrer and in dismissing the plaintiff’s motion to amend- the judgment so as to include double rent on the premises involved from the date of the trial to the date when the defendant surrendered possession of the premises to the plaintiff. It is provided by the Code, §§ 61-303, 61-304, that where a warrant to dispossess a tenant has been issued, he may prevent the removal of himself and his goods from the premises by filing a counter-affidavit denying the right of the plaintiff to dispossess him and by giving…