Kennon v. Petty

Warner, Chief Justice.

This was a proceeding by the plaintiff against the defendant, as a tenant holding over, under, the provisions of the §4077th of the Code. The defendant filed a counter affidavit, in which he alleged that the time for which he rented the premises had not expired, and that he did not hold the same under the plaintiff by rent or lease. When the case came on for trial, before the introduction of any testimony, the defendant made a motion to dismiss the plaintiff’s case, which motion was granted, on the ground that at the time of the issuing of the plaintiff’s warrant, on the…