Stollenwerch v. Eure

Citations

• 119 Miss. 854
• 81 So. 594

Syllabus

<p>1. Landlord and Tenant. Appeal to circuit court. Judgment for rent.</p> <p>In a proceeding by a landlord under Code 1906, section 2885 (Hemingway’s Code, section 2383), to get possession of the rented premises, the trial being before a special court provided for by chapter 76, Code 1906 (chapter 43, Hemingway’s Code), the circuit court on appeal could render judgment for rent up to the time of trial in the circuit court such trial being de novo, although the affidavit in the lower court did not charge that rent was due.</p> <p>2. Justice of the Peace. Appeal. Jurisdiction. Amount.</p> <p>The court provided in Code 1906, section 2885 (Hemingway’s Code, section 2383) is a special court created under the power conferred, under section 172, of the Constitution and is not limited by the provision defining the jurisdiction of a justice of the peace as such in section 171 of the Constitution. The jurisdiction of the justice of the peace under this section is co-extensive with the county, and on an appeal from such court the circuit court trying the case de novo has jurisdiction to render judgment in excess of two hundred dollars. •</p> <p>á. X/AmmoRD and Tenant. Failure to vacate. Double rent.</p> <p>Where a tenant is notified to quit the rented premises and fails to do so at the expiration of his lease, double'rent follows and is to be sued for and recovered in the same way as single rent would he but for the giving of the notice.</p> <p>4. Same.</p> <p>Under the facts in this case as set out in its opinion the court held that the correspondence showed clearly and definitely the time at which the tenant’s right ceased and that the tenant was distinctly given notice to vacate for more than the statutory period and that his failure to vacate brought him within the statute imposing the double rent.</p>