Usher v. Moss
Mississippi Supreme Court
Error to the Circuit Court of Alcorn County. Hon. Orlando Davis, Judge. Defendant in error brought suit on the 10th of June, 1872, against plaintiff in error, before K. M. Harrison, justice of the peace in Alcorn county, in an action of unlawful detainer, to recover possession of a house and about forty acres of land (described in the proceedings). On the 14th of June, 1872, and on the day set for the trial, the defendant Moss moved to dismiss the cause, and set up five…
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Error to the Circuit Court of Alcorn County. Hon. Orlando Davis, Judge. Defendant in error brought suit on the 10th of June, 1872, against plaintiff in error, before K. M. Harrison, justice of the peace in Alcorn county, in an action of unlawful detainer, to recover possession of a house and about forty acres of land (described in the proceedings). On the 14th of June, 1872, and on the day set for the trial, the defendant Moss moved to dismiss the cause, and set up five separate and distinct grounds. The motion, to dismiss was overruled. On the 17th of Juue, 1872, the justice of the peace…
1Opinion of the CourtTarbell, J.
This case comes to this court from proceedings before a justice •of the peace, under § 1646 of the code, by a landlord to remove his tenant, in the summary mode therein provided.
The affidavit of the landlord on which the proceedings were based set forth, “ that in the year A. D. 1871, affiant rented to one Nathan Usher, for that year, the following described premises, to wit,” (describing them); “that the said Nathan Usher holds and continues in possession of the said house and about one half of said cleared land, after the expiration of his term, without the consent of affiant, who is the…
2Cited by12 opinions
- Scott v. BeecherMichigan Supreme Court · 1892
- Miss. State Dept. of Public Welfare v. HowieMississippi Supreme Court · 1984
- Richardson v. NeblettMississippi Supreme Court · 1920
- Wilson v. WoodMississippi Supreme Court · 1904
- Tonkel v. RitemanMississippi Supreme Court · 1932
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