Bowles v. Dean

Citations

• 84 Miss. 376

Syllabus

<p>1. Landlord and Tenant. Tenant holding over. Expiration of term. Summary proceeding to remove. Code 1892, ?? 2547, 2548. Affidavit.</p> <p>An affidavit in a proceeding by a landlord to remove a tenant holding over after the expiration of his term, under Code 1892, § 2547, providing a speedy remedy for such case, is defective if it fail to allege facts, as required by Code 1892, § 2548, from which the court mlay determine that the relation of landlord and tenant existed between the parties and that the term has expired.</p> <p>2. Same. Amendment. Code 1892, g 717.</p> <p>Such a proceeding should not be dismissed because of a defective affidavit, unless the landlord declines to amend, as he has a right to do under Code 1892, § 717, authorizing amendments in pleadings and proceedings.</p> <p>3. Same. Appeal to circuit court. Code 1892, $ 2552. Counter affidavit. Issue made in circuit court.</p> <p>The defendant in such a proceeding may, upon appeal, file his counter affidavit (Code 1892, § 2552) in the circuit court. Harvey v. Clark, 81 Miss., 166.</p>