The cause originated in the justice court upon a complaint which alleged the letting of a certain dwelling to the defendant, his failure to pay the rent stipulated in the lease, the amount of such rent due, service on July 5, 1911, of a written demand that he' pay the rent due or quit the premises, his refusal to do either, and that he “unlawfully holds and continues in the possession of the said premises * * * without permission of the plaintiff.” The prayer was “for the sum of $290, rent due, for the restitution of the said premises, and for costs of suit.” Issue was joined and the cause tried before the justice of the peace, who, on August 7,1911, found all the allegations of the complaint to be true, ‘ ‘ and that the defendant unlawfully holds possession of the premises described in the complaint after default in the payment of rent,” and adjudged “that the plaintiff do have and recover * * the possession” of the premises “and the sum of $290 as rent.”