Swain v. Gilder
Mississippi Supreme Court
Appeal from the Circuit Court of Pontotoc County. Hon. W. S. Featherston, Judge. The facts are stated in the opinion. 1. The entry cannot be considered a judgment of the court because it has none of the essential requisites of a judgment. Jacob’s Law Die. 3 Bl.
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Appeal from the Circuit Court of Pontotoc County. Hon. W. S. Featherston, Judge. The facts are stated in the opinion. 1. The entry cannot be considered a judgment of the court because it has none of the essential requisites of a judgment. Jacob’s Law Die. 3 Bl. Com. 395. 2. The entry does not pretend to be the adjudication or decision of the court, but is only a recital by the justice of what William Swain did. 3. While higher courts have not, in their construction of the entries of justices’ courts, required the same formality in the phraseology of their judgments that would be required of a…
1Opinion of the CourtCooper, J.
This is a scire facias to revive a judgment rendered by a justice of the peace on the 25th of January, 1879, in favor of the appellee against the appellant’s intestate. The record in the justice’s court is as follows :
“P. N. Gilder v. William Swain.
Note filed January 25, 1879, for $145.00. This action on promissory note for $145.00, dated December 25, 1877, and due one day after date; with inter- ... , „ .. , est at ten per cent, per annum from date.
R. A. Bangle, J. P.
This day personally appeared before me, the undersigned, justice of the peace, William Swain, who confessed judgment in open…
2Cases cited4 opinions
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- Ladnier v. LadnierMississippi Supreme Court · 1886
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