Brown v. Ashford
Mississippi Supreme Court
Error to the Circuit Court of Choctaw County. Hon. William Cothran, Judge. S. M. Brown brought an action against Nathan Ashford, before a justice of the peace, to obtain the possession of a certain tract of land. The plaintiff alleged, in his affidavit of complaint, that the defendant had ‘ ‘ unlawfully turned him out of, and unlawfully withheld from him, the possession of a certain tenement,” etc.
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Error to the Circuit Court of Choctaw County. Hon. William Cothran, Judge. S. M. Brown brought an action against Nathan Ashford, before a justice of the peace, to obtain the possession of a certain tract of land. The plaintiff alleged, in his affidavit of complaint, that the defendant had ‘ ‘ unlawfully turned him out of, and unlawfully withheld from him, the possession of a certain tenement,” etc. The summons did not state that the place at which the defendant was required to appear was ‘ ‘ the usual place of holding the Justice’s Court in the district.” The record does not show that the…
1Opinion of the CourtCampbell, J.
There is no merit in the motion in the Circuit Court to dismiss the cause, and it should have been overruled.
1. If the affidavit was defective, it should have been amended; but we fail to discover any objection to it.
2. If the summons issued by the justice of the peace was defective, that was no cause for dismissing the action in the Circuit Court; but we are unable to find any defect in the summons.
3. The failure of the transcript of the proceedings before the justices of the peace to show the formal organization of the court on the return-day of the summons, could not avail the defendant on…
2Cited by1 opinion
- McLemore v. ScalesMississippi Supreme Court · 1890