34 Ind. App. 468 | Ind. Ct. App. | 1905
A cause was pending before a justice of the peace of White county, wherein the appellant was the plaintiff and the appellee was the defendant. The complaint stated a cause of action against the appellee as tenant ’ of certain real estate in the town of Monon, demised to* him by one Homer, who had conveyed the reversion to the appellant, for the recovery of possession of the demised premises by the appellant, as the landlord, and damages for detention thereof by the appellee unlawfully holding over after notice to quit for nonpayment of rent. Before the justice of the peace the appellee filed answer, one paragraph of which was supported by the affidavit of the appellee, and thereupon the appellee moved the justice to certify the cause to the circuit court of that county without further proceeding. This motion having been overruled, the cause was tried, and the justice of the peace rendered judgment in favor of the appellant. The appellee appealed to the circuit court of that county, -whence the venue was changed to the court below, where, upon the verified motion of the appellee, the cause was dismissed.
The question is presented whether the title to land was put in issue by the verified answer above mentioned, within the meaning of §1501 Bums 1901, §1434 R. S. 1881, which provides as follows: “If the title to land shall be put-in issue by plea supported by affidavit, or shall manifestly appear from the proof on trial to be in issue, the- justice shall, without further proceeding, certify the causo and papers to the circuit court of the proper county, where the
Judgment affirmed.