Legal Opinion

Weatherall v. Brown

Mississippi Supreme Court

Decided March 15, 1917PublishedCited by 5 opinions

Appeal from tlie circuit court of Pontotoc county. HoN. Claude Clayton, Judge. Attachment for double rent by Mrs. C. S. Brown against W. W. Weatherall. From a judgment for plaintiff, defendant appeals. Appellant by parol agreement rented from appellee certain lands for the years 1913, 1914, and 1915, and delivered to appellee his three promissory notes, each for the sum of one hundred dollars, for rental of said premises for said three years.

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Appeal from tlie circuit court of Pontotoc county. HoN. Claude Clayton, Judge. Attachment for double rent by Mrs. C. S. Brown against W. W. Weatherall. From a judgment for plaintiff, defendant appeals. Appellant by parol agreement rented from appellee certain lands for the years 1913, 1914, and 1915, and delivered to appellee his three promissory notes, each for the sum of one hundred dollars, for rental of said premises for said three years. During the fall of 1913 appel-lee gave notice to appellant, in writing, to quit the premises and deliver possession of same January 1, 1914. The' rent…

1Opinion of the CourtSmith, C. J.

Appellant having secured a remand of the cause to a justice of the peace on the ground that neither the amount distrained for nor the value of the property seized exceeded the sum of two hundred dollars, the court below committed no error in refusing to permit him, in order to show that the justice of the peace was without jurisdiction, to prove that the property seized was worth more than that sum.

No error was committed by the exclusion of the evidence offered by appellant to show that at the time the attachment was sued out there remained on the leased premises agricultural products subject…

2Cases cited1 opinion

  1. Henry v. DavisMississippi Supreme Court · 1882

3Cited by5 opinions

  1. Nevelos v. RailstonNew Mexico Supreme Court · 1959
  2. Stovall v. GardnerMississippi Supreme Court · 1948
  3. Vice v. HintonCourt of Appeals of Mississippi · 2001
  4. Ellison v. LandryMississippi Supreme Court · 1946
  5. Stollenwerck v. EureMississippi Supreme Court · 1919

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