Mississippi Central R. R. v. Fort
Mississippi Supreme Court
Error to the circuit court of Tazoo county. Campbell, J. Plaintiff in error assigned the following error : That the judgment by default was rendered against them without a writ of inquiry, and made final and absolute without the intervention of a jury; whereas, this being an action for damages, the gist of which was negligence, no judgment final by default could be legally rendered against him.
Read the full summary
Error to the circuit court of Tazoo county. Campbell, J. Plaintiff in error assigned the following error : That the judgment by default was rendered against them without a writ of inquiry, and made final and absolute without the intervention of a jury; whereas, this being an action for damages, the gist of which was negligence, no judgment final by default could be legally rendered against him. The only error assigned in this case, is that judgment final by default, without a writ of inquiry, was rendered against appellant, who was defendant in the court below. The action was in tort;…
1Opinion of the Court
SlJIRALL, J.:
Elias A. Fort sued the Mississippi Central E. E. Oo. in assumpsit, for the value of sundry cattle and hogs killed and destroyed by “ the negligent conduct of the agent of the company.” With the declaration was filed a schedule of the several animals killed or injured, with the value of each annexed — the aggregate value of the whole footing up $311 75. The railroad company making no appearance or defense, judgment by default, final, was rendered for the $311 75, and interest.
The only question is, whether this judgment was justified by the allegations of. the pleading. Art. 253,…
2Cited by8 opinions
- Finlay v. BrysonSupreme Court of Missouri · 1884
- Kansas City, Memphis & Birmingham Railroad v. CantrellMississippi Supreme Court · 1892
- Beasley v. New Orleans & Northeastern RailroadMississippi Supreme Court · 1907
- Evans v. Southern Railway Co.Mississippi Supreme Court · 1896
- Illinois Central R. R. v. AndrewsMississippi Supreme Court · 1884
3 more not listed; retrieve them via the Exa API.