Davis v. Henry

Mississippi Supreme Court

Davis v. Henry

63 Miss. 110

DecidedOctober 15, 1885

StatusPublished

This text of 63 Miss. 110 (Davis v. Henry) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Davis v. Henry, 63 Miss. 110 (Mich. 1885).

Pincite

Opinion

Arnold, J.,

delivered the opinion of the court.'

The amended plea of tender filed by Davis should have been traversed. If the facts averred in .it were true, the, attachment was wrongfully sued out, and appellee and the sureties on his bond were liable not only for cost, but also for damages. A distress for rent after tender of the amount due is unlawful, unless there has been a subsequent demand and refusal. Taylor on Landlord and Tenant, §§ 566, 573; Hunter v. Le Conte, 6 Cow. 728; Smithy. Goodwin, 4 B. & Ad. 413.

Reversed.

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Arnold, J.,

delivered the opinion of the court.'

The amended plea of tender filed by Davis should have been traversed. If the facts averred in .it were true, the, attachment was wrongfully sued out, and appellee and the sureties on his bond were liable not only for cost, but also for damages. A distress for rent after tender of the amount due is unlawful, unless there has been a subsequent demand and refusal. Taylor on Landlord and Tenant, §§ 566, 573; Hunter v. Le Conte, 6 Cow. 728; Smithy. Goodwin, 4 B. & Ad. 413.

Reversed.

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Bluebook (online)

63 Miss. 110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-henry-miss-1885.

Opinion

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