Stollenwerck v. Eure

We have considered the suggestion of error in banc for the reason that the imposition of double rent in a proceeding of this kind had not heretofore been imposed so far as our attention has been called, and because of the earnestness with which it was insisted that we erred in allowing the claim for double rent without written pleadings or written demand.

The conclusion of the original opinion on the liability for a double rent is supported by the case of Weatherall v. Brown, 113 Miss. 887, 74, So. 765. Division A of this court in that case held that the holding over need not be willful or…