Hollingsworth v. Willis

Citations

• 64 Miss. 152

Syllabus

<p>1'. Disteess FOR Rent. Affidavit. Meaning of “ in arrear.” Amendment. Section 1302, Code of 1880. Case in judgment.</p> <p>The words “rent in arrear,” used in an affidavit in distress for rent, mean the same as “rent due and in arrear,” the words prescribed by § 1302 of the Code of 1880, even though the affidavit contain the allegation that the affiant “has cause to believe, and does believe, that the tenants will remove their effects from the premises before the rent will become due,” and the striking out of such allegation makes no change in the import of and legal effect of the affidavit in stating that the rent is due.</p> <p>2. Supreme Court Practice. Motion in lower court. Affidavits in record, but not in bill of exceptions.</p> <p>Affidavits in support of a motion to set aside an award, which are referred to in the bill of exceptions, but not there set out, will not be considered by this - court, though certain affidavits which appear to be the same are set out elsewhere in the transcript.</p> <p>3. ARBITRATION AND Award. Return of award into court. Judgment final, when to be entered. Section 2412, Code 1880.</p> <p>IT. sued W. The cause was submitted to arbitration, and an award made in favor of W. and returned into court several days before the term next thereafter. At that term H. moved to set aside the award. The court overruled the motion, and at the same term entered up judgment final on the award. Held, that H., having by his motion invited action upon the award, cannot complain that judgment was improperly entered at that term, because of the provision of § 2412 of the Code of 1880, authorizing the court to vacate such award on complaint “ made before the end of the term of the court next after such award be made and returned to such court.”</p>