Section 35-9-85

Trial upon delivery of counter affidavit.

If the counter affidavit provided in section 35-9-84 be made and delivered to the sheriff or deputy sheriff or constable, the tenant shall not be removed, but the officer shall immediately return the proceedings to the court which issued said writ or process, and the fact or facts in issue shall be there tried by said court, and shall stand for trial on the third day after the delivery to said sheriff or deputy sheriff or constable of such counter affidavit, Sundays and legal holidays excepted.

(Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, §39.)