Biddle v. Paine
Mississippi Supreme Court
From the circuit court of Monroe county. Motion by appellee to dismiss the appeal. Paine sued out an attachment for rent, before a justice of the peace, claiming thirty-three dollars as due him from the tenant, Biddle. The distress warrant was levied upon two hundred bushels of corn, valued in the aggregate at more than fifty dollars, and eighty bushels of cotton seed.
Read the full summary
From the circuit court of Monroe county. Motion by appellee to dismiss the appeal. Paine sued out an attachment for rent, before a justice of the peace, claiming thirty-three dollars as due him from the tenant, Biddle. The distress warrant was levied upon two hundred bushels of corn, valued in the aggregate at more than fifty dollars, and eighty bushels of cotton seed. The tenant replevied the corn, and filed his statutory (§ 2522, code 1892) declaration therefor before the justice of the peace who issued the attachment. Paine, the landlord, filed an avowry. A trial was had before the justice…
1Opinion of the CourtWhitfield, J.
The question for decision on this motion is, what is the test of the jurisdiction of this court, on appeal from a judgment in replevin by the tenant against whom the landlord has dis-*497trained — the value of the property fixed by the judgment, or the amount of the debt distrained for as so fixed % The action for statutory damages by the tenant, when no rent is due, provided by § 2517, code of 1892, is a separate and distinct suit from this replevin suit, the damages in which latter suit are the usual damages in such suits, and are provided for by § 2522. No aid, therefore, can be had on the…
2Cases cited1 opinion
- Towns v. BoarmanMississippi Supreme Court · 1851
3Cited by7 opinions
- May Bros. v. DoggettMississippi Supreme Court · 1929
- Johnson v. TaborMississippi Supreme Court · 1911
- Ball v. SledgeMississippi Supreme Court · 1903
- Schlicht v. CallicottMississippi Supreme Court · 1898
- Brumfield v. HooverMississippi Supreme Court · 1907
2 more not listed; retrieve them via the Exa API.