Briscoe v. McElween

Citations

• 43 Miss. 556

Syllabus

<p>1. Landlord and Tenant — Distress fob. Rent. — Semble: That a landlord cannot units several distinct claims for different parcels of land under different demises, in a single attachment or distress the rent of; but must resort to distinct proceedings for each.</p> <p>2. Distress fob Rent — Abuse of the Remedí. — A landlord may not lawfully distrain the goods of his tenant for rent not due, upon his mere belief that the tenant will remove his property from the demised premises before the rent shall become due; but he must have the evidence of reasons and facts upon which tobase his belief. Without such evidence the distress is wrongful, and the landlord will be liable for such damages as may result to the tenant therefrom.</p> <p>3. Same. — The remedy by distraint does not lie where there has been no fixed price for the rent, or where the use of land was to be paid for in services and no definite value agreed upon for such services. The rent may be payable in grain or other produce, or in repairs or labor, but the sum must be stipulatedwith certainty in the contract; otherwise, no distress can be made.</p> <p>4. Same — Dammes—'Verdict.—The verdict of a jury for damages in cases of tort, will not be set aside as excossive, unless upon clear and gross error, prejudice or mistake of law, on the part of the jury. The court will not substitute its own sense of what would be a proper verdict.</p> <p>5. Same — Measure of Damaoes__In actions for a wrongful distress, when there is no proof of fraud, malice, oppression, or wilful wrong, either in the talcing or detention, the measure of damages is the value of property at the time of talcing and interest until the time of the trial. But if such proof exist the measure of damages is left to the jury.</p>