Jones v. Blackwelder

1. Under the statutory proceeding to evict a tenant holding over and beyond his term of rental (Civil Code (1910), §§ 5385 et seq.), the tenant may, “by declaring on oath that his lease or term of rent has not expired, and that he is not holding possession of the premises over and beyond his term,” and at the same time tendering “a bond with good security, payable to the landlord, for the payment of such sum with costs as may be recovered against him on the trial of the case,” arrest the proceedings and prevent the removal of himself and goods from the rented premises. § 5387.

2. When the…