Usher v. Moss

Citations

• 50 Miss. 208

Syllabus

<p>1. Landlord and Tenant. — Where the tenant continues to occupy, and enters upon another year without objection from the landlord and with his silence or tacit consent and approval, a tenancy for another year is thus created, and cannot be terminated in the middle of the term, and in the midst of the crop, but only at the end of the year. Rev. Code, 1871, §§ 1640-1646.</p> <p>■3. Same — Case in Judgment. — .The jurisdiction conferred on justices of the peace, by Rev. Code, 1871, § 1646, under which the proceeding at bar was instituted, is held to be special, as contradistinguished from the jurisdiction given by the constitution, and therefore not necessarily embraced within the constitutional provision. But the right of appeal given by the constitution is thereby “ secured under such rules and regulations as shall be prescribed by law.” The judgment of the circuit court is obtained in the cases arising between landlord and tenant before a justice of the peace by certiorari awarded by the circuit court and in no other way. Rev. Code, 1871, § 1660. And it is not error in the circuit court in such cases to dismiss an appeal.</p>