Hairston v. Montgomery

Citations

• 102 Miss. 364
• 59 So. 793

Syllabus

<p>1. Trial. Evidence after, resting. Insufficient evidence. Landlord and tenant. Appeal. Judgment in supreme court. Code 1906, section 4919.</p> <p>Where a landlord brings suit against his tenant on a’rental contract and a sworn account and the tenant denies the account under oath and on the trial of the case the landlord offers no other evidence than the rental contract and the sworn account, so denied, the court should have granted a peremptory instruction for the defendant.</p> <p>2. Same.</p> <p>Where the court in such case refused the peremptory instruction and thereupon both sides introduced evidence the case should then be decided upon all the evidence adduced and the, error committed by the court in refusing the peremptory instruction for the tenant, when the landlord first rested his case was cured.</p> <p>3. Landlord and Tenant. Leases. Rights of the parties.</p> <p>Where the lease of the original tenant provided that the landlord should furnish water for the leased premises and the tenant sublet the premises under a contract of lease providing that it should be subject to all the terms of the original contract of lease. In such case the sublease assumed all the burdens and became entitled to all the benefits of the original lease, and where the tenant released the landlord from the provisions of his lease in regard to furnishing water, such tenant must make good to the sublessees any damages they may have sustained by reason thereof.</p> <p>4. Peremptory Instruction. Verdict of jury.</p> <p>Where a peremptory instruction is granted it is not necessary for the jury to retire and actually find the verdict directed, but the court should simply render judgment as if upon verdict found.</p> <p>5. Appeal and Error. Disposition of case on appeal. Code 1906, sec. tion 4919.</p> <p>Under Code 1906, section 4919, so providing, the supreme court on reversing a judgment of a lower court should render such judgment as the court below should have rendered, unless it b