Paxton v. Oliver

Campbell, C. J.,

delivered the opinion of the court.

The effect of the last clause of § 1343 of the code of 1880, in declaring. “ the right of appeal shall exist as in case of unlawful entry and detainer,” was to adopt § 2657 of the code as to the appeal and proceeding with it in the circuit court, and the appellant was entitled, in the circuit court, to give evidence of rent due at the time of the trial.

Reversed, and remanded for a new trial»