Paxton v. Oliver

Mississippi Supreme Court March 15, 1893

Paxton v. Oliver, 70 Miss. 570 (Miss. 1893)

Campbell

Opinion of the Court

Campbell, C. J.,

delivered the opinion of the court.

The effect of the last clause of § 1343 of the code of 1880, in declaring. “ the right of appeal shall exist as in case of unlawful entry and detainer,” was to adopt § 2657 of the *572code as to the appeal and proceeding with it in the circuit court, and the appellant was entitled, in the circuit court, to give evidence of rent due at the time of the trial.

Reversed, and remanded for a new trial»

Reference

Full Case Name: A. G. Paxton v. V. Oliver
Cited By: 2 cases
Status: Published
Syllabus: Proceedings Against Tenant. Appeal. Recovery of rent. Code 1880, ?§ 1343, 2657. As § 2657, code 1880, gives a successful plaintiff in unlawful detainer the right, on appeal, to recover rent to the time of trial, and § 1343 provides that, in proceedings before a justice of the peace to recover possession of premises from a tenant in arrears for rent, “ the right of. appeal shall exist as in cases of unlawful detainer,” on appeal to the circuit court, in- such proceedings against a tenant, a successful plaintiff may likewise recover rent to the time of trial.