Paxton v. Oliver
Mississippi Supreme Court
' From the circuit court of Sunflower county. Hon. R. W. Williamson, Judge. Appellee, Oliver, failed to pay the rent for the premises leased from Paxton, who, thereupon, instituted proceedings' before a justice under §1333, code 1880, to recover possession of the premises, and obtained judgment. The defendant gave bond and appealed, remaining in possession. In the circuit co.urt plaintiff again had judgment.
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' From the circuit court of Sunflower county. Hon. R. W. Williamson, Judge. Appellee, Oliver, failed to pay the rent for the premises leased from Paxton, who, thereupon, instituted proceedings' before a justice under §1333, code 1880, to recover possession of the premises, and obtained judgment. The defendant gave bond and appealed, remaining in possession. In the circuit co.urt plaintiff again had judgment. In addition to possession, he sought to recover rents, including the amount accrued after suit begun. On objection of defendant, the court excluded the evidence as to this. From judgmeut…
1Opinion of the CourtCampbell, C. J.
The effect of the last clause of § 1343 of the code of 1880, in declaring. “ the right of appeal shall exist as in case of unlawful entry and detainer,” was to adopt § 2657 of the *572code as to the appeal and proceeding with it in the circuit court, and the appellant was entitled, in the circuit court, to give evidence of rent due at the time of the trial.
Reversed, and remanded for a new trial»
2Cited by2 opinions
- Stollenwerch v. EureMississippi Supreme Court · 1919
- Stollenwerck v. EureMississippi Supreme Court · 1919