Hancock v. Whitehall Tobacco Warehouse Co.

Citations

• 100 Va. 443
• 41 S.E. 860
• 1902 Va. LEXIS 43

Syllabus

<p>1. County Courts&emdash;Jurisdiction&emdash;Rents&emdash;Forthcoming Bonds&emdash;Set-Offs.&emdash; Forfeited forthcoming bonds taken on distress warrants issued for rent by justices of the peace, of a county are returnable to the county courts, and when motion is made for judgment in such courts, the tenant may make any defence which shows that the rent is not due in whole or in part. The tenant has the right to rely upon set-offs in said .courts to the extent to which it is neces-sary to make complete defence to the landlord’s demand, regard-less of the amount of such set-off. There is no pecuniary limit to the jurisdiction of said courts in this respect. Code, sections 2787, 3004, 900, 3046.</p> <p>2. Chancery Practice&emdash;Injunction&emdash;Adequate Remedy at Law&emdash;Landlord and Tenant.&emdash;A court of equity in this State will not enjoin an landlord from issuing a distress warrant for rent merely because the tenant has large set-offs against the landlord’s nor will it enjoin a tenant from disputing his liability for the rent, or the fulfillment by the landlord of his part of the in a case not involving a rescission of the contract of lease. In each case the party has an adequate remédy at law.</p>