Over v. Moss

Decided November 15, 1872

Indiana Supreme Court · decided 1872-11-15

<p>Landlord and Tenant.—Practice.—New Trial as of Right.—A tenant holding over against his landlord or his grantee is not entitled to a new trial, as a matter of right, in an action commenced before a justice of the peace and on appeal decided in the circuit court in favor of the landlord’s possession.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1872-11-15

How this case has been cited

Cited by 4 later decisions — most recently May 1915

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Downey,

¶1J.—The only question in this case is, whether the defendant, in an action by a landlord or his grantee against his tenant holding over, commenced before a justice of the peace, appealed to the circuit court, and judgment *464rendered there against the defendant, can have a new trial, as a matter of right, according to section 601, p. 283, 2 G. & H.

jf. D. Alexander, for appellant.M. Hanna, for appellee.

¶2We are of the opinion that the section referred to does not apply to such cases, and that consequently a new trials as of right, cannot be had.

¶3The judgment is affirmed, with costs.