Pate v. Shannon

Citations

• 69 Miss. 372

Syllabus

<p>1. Landlord and Tenant. Distress. Nature of proceeding.</p> <p>Distress for rent, not being a judicial proceeding, depends for its validity upon compliance with, the statute in making the required affidavit and bond.</p> <p>2. Same. Qode 1880, § 1302. Defective affidavit. Jurisdiction. Venue.</p> <p>Section 1302, code 1880, requires the affidavit for attachment for rent to be made before a justice of the peace of the county where the lands are situated. If the affidavit locates the lands in another' county, the distress will be void, and, the property being replevied, the affidavit and warrant will not support the avowry of the landlord.</p> <p>3. Same. Defective affidavit for distress: Amendment.</p> <p>No amendment of the affidavit upon which a distress for rent has issued, can be made by the courts.</p>