The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1871-03-02
BILLS PASSED.
From the Pilot.
SyIIabf of Decisions OF the SUI
preme Court of mississippi.
By Hon J. S. MORRIS, Reporter of the S,t-
preme Court.
No. II,6O3.

l. G--PRAcTICE.--Under the
Revised Code, p. 491, 8. TX. litigants are not
held to the strict technical rules of pleading
All that is required is to state i'll ordinary
and concise language. the facts constitu-
ting a substantial ground of action OF
defense.
| 2. LIMrTATIoNs-DAYs OF GRAcE.-In
computing time on writing obligatory
| (other than prOmisory note, due under
seaD. days of grace will not be counted or
allowed.
8. COMMENCEMENT OF SUIT.-The COM
lnencement of the action within the mean
ing of the statute, is the sning out of writ
and placing it in the hands of the officer for
service; and not the filling of the declara-
| ton.
4. NEW PROMISE UNDER THE ACT OF 1874.
| Under the statute of 1874, the new prom
ise, to take the case out OF the bar OF the
statute, must be in writing. or, If not in
writing, the very claim must be presented
and acknowledged to be due, and accOr-
dinghy, the holder of the claim must either
produce it or have it ready to produce. The
act to be done by him is assimilated 70 a
tender by debtor to his creditor.
5. MODIFICATION OF THE ACT OF 1874
The act of 1857 repeats so much of the act of
1874 as permitted a verbal promise, under
any circumstances, to waive the bar or re-
vive a cause of action.
6. ASSIGNMENT, &c, AND EFFECT THEREOF.
If the writing assigned, be negotiable
paper, as defined by the law merchant. the
endorsee takes the legal title, and the en-
dorser incurs the liability incident to that
form of contract; as to other chooses in ac-
ton assigned, the mere transfer has no
other effect than to pass the legaltitle, so as
to enable the assignee to sue at law.
ID. w. Lampkin VS.. N. G. Nye,. Ext
&c.
/. LANDLORD AND TENANT-DrsTREss
FOR RENT.-SeDlbLe:: That a landlord can
not unite, in one proceeding fof the collec-
ton of rent. several distinct claims for diff
ferent parcels of land under different demi-
SEES; but must resort to distinct proceedings
for each.
2. DISTRESS FOR RENT-ABUsE OF THE
REMEDY.-A landlord may not lawfully
distrain the goods of his tenant for rent
not due, upon his mere belief that the
tenant will remove his property from the
demised premises before the rent shall be-
come due; but he must have evidence of
reasons and facts upon which to base his be-
lief. Without such evidence the distress is
wrongful and the landlord will be liable for
such damages as may result to the tenant
therefrom.
8. SAMK.-The remedy by distraint does
not lie where there has been no fixed price
for the rent, or where the use of land was
to be paid for in services and no definite
value agreed upon for services. The rent
may be payable in grain or other produce,
or in repairs or labor, but the sum must be
stipulated with certainty in the contract;
otherwise. no distress can be made.
SAME-DAMAGEs -VERDICT.-T The YER
dict of jury for damages in cases of tort,
will not be set aside as excessive, unless up
on clear and gross error, prejudice or mis-
take of law, on the part of the jury. The
Court will not substitute its own sense of
what would be proper verdict.
SAME-MEAsURE OF DAMAGEs.-In actions
for wrongful distress, when there is no
proof of fraud, malice, oppression, or will
full wrong, either in the taking or detention.
the measure of damages is the value of
property at the time of taking an interest
until the time of the trial. But if such
proof exist the measure of damages is left
to the jury.
E. c. Briscoe VS.. McElween.