McKeithen v. Bush

ON MOTION.

Appellee, the tenant, was proceeded against in the special tribunal, Secs. 947-958, Code 1942, by his landlord who alleged "that the tenant was holding over." A judgment in favor of the tenant was affirmed by this Court, and he now presents a motion to remand the case so that the trial court may fix "the value of the land in suit" and for the award of the statutory penalty of five per cent thereon as a penalty for the unsuccessful appeal, Sec. 1971, Code 1942. Appellee relies on Hodges v. Jones,197 Miss. 107, 116, 19 So.2d 518, 917.

In that case the tenant contended that he was the…