Flanneken v. Wright

Citations

• 64 Miss. 217

Syllabus

<p>1. LANDLORD AND Tenant. Default in payment of rent. Right of appeal. Section 1343, Code of 1880.</p> <p>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.</p> <p>2. Same. Tender of rent dm and costs. When allowed.-</p> <p>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.</p> <p>3. Same. Judgment for possession. Tender of rent and costs. Refusal thereof. Remedy. Jurisdiction.</p> <p>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</p>