Flanneken v. Wright
Flanneken v. Wright
Opinion of the Court
delivered the opinion of the court.
Section 1343 of the code gives the right of appeal in the proceeding against a tenant holding over after the expiration of his term or after default in the payment of rent, whichever may be the case.
The right to pay the rent due and all the costs and charges of the proceedings exists as well after trial in the circuit court on appeal as after trial by the magistrate before whom the proceeding is begun.
The remedy of the appellee was full and complete by application for a supersedeas to the circuit court, and therefore his bill is without equity, and on that ground the injunction should have been dissolved. It is lamentable that we have separate systems of law and equity, with the multitudinous evils flowing from the separation, but so long as this reproach to the civilization of the age exists by the constitution the courts it creates cannot disregard it, and must maintain it according to the settled rules on the subject.
By these rules the remedy of the party against an execution was in the court from which it was about to issue.
Reversed and injunction dissolved.
Reference
- Full Case Name
- A. E. Flanneken v. J. M. Wright
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- 1 case
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- 1. LANDLORD AND Tenant. Default in payment of rent. Right of appeal. Section 1343, Code of 1880. Section 1343, Code of 1880, gives the right of appeal in the proceeding under the code against a tenant after default in the payment of rent, as well as against a tenant holding over after the expiration of his term. 2. Same. Tender of rent dm and costs. When allowed.- And the right of such tenant to pay the rent due and all the costs and charges of such proceeding and remain in possession exists as well after trial in the circuit court on appeal, as after trial by the magistrate before whom the proceeding is begun. 3. Same. Judgment for possession. Tender of rent and costs. Refusal thereof. Remedy. Jurisdiction. W. leased lands from F. for five years, the rent being payable in installments. The first installment fell due and was not paid. F., brought an action before a magistrate to recover possession. The magistrate found for F., and W. appealed to the circuit court, and the case was again decided in favor of F., a judgment being entered up to the effect that a writ issue to put F. in possession. The clerk was about to issue the writ in accordance with the judgment, when W. tendered the amount due for rent and the costs of the proceeding, which was refused. 'Whereupon W. filed a bill in chancery setting out these facts and praying an injunction against the issuance of the writ-Held, that W. had a right to pay the rent due and the costs of the proceeding when tendered, but his remedy against the judgment was full and complete by an application for a supersedeas to the circuit court, and, therefore, the chancery court is without jurisdiction. r