Poston v. Mhoon

Citations

• 49 Miss. 620

Syllabus

<p>1. Landlord and Tenant — Possessory Action. — M. brought his action’ in th© justice’s court, against P.,.{o recover the possession of the promises in controversy; recovered a judgment, from which P. took an appeal to the circuit court; the jury found for plaintiff, and assessed his damages at $750.00. Held: Although tho circuit court will try appeals de novOi and has no more jurisdiction than the justice had, unless given by the statute, yet that rule does not apply to actions of this nature'. In possessory actions for rents and damages, the circuit court is not limited in its judgment to $150.00. Rev. Code 1871, § 1595.</p> <p>2. Sadie — Sadie.—Prom the fact that the plaintiff below claimed rent, we infer that the relation of landlord and tenant existed.-</p> <p>3. Sadie — Appeal Bond. — The objection ‘to ,the appeal bond on appeal from the justice’s court to the circuit court, should have been made in the court below, and it is too late to raise it in this court, for the first time, i</p> <p>é. Sadie — Proper Parties. — In a mere possessory action, where the defendant dies pending an appeal, it is sufficient to revive against the administratrix. It is not necessary to revive the action against the heirs of the deceased, as the title to the premises is not involved.- ■- - - . • • • • *</p>