Harvey v. Clark

Citations

• 81 Miss. 166

Syllabus

<p>Landlord and Tenant. Dispossession. Code 1892, H 2547-2557. Appeal. Issue made in circuit court.</p> <p>In a summary proceeding to dispossess a tenant, authorized by code' 1892, 2547-2557, if judgment go by default against the tenant in the court of original jurisdiction, and he appeal to the circuit court, he may in said court, for the first time, make and file the affidavit denying the facts averred by the landlord upon which the summons was issued, and will be thereupon entitled to a trial on th.e merits of the issue so made.</p>