Brooks v. Snead
Mississippi Supreme Court
Error to the Circuit Court of Rankin County. Hon. Uriah Millsaps, Judge, presiding. This was a suit brought by plaintiffs in error against defendant in error, before a justice of the peace. Defendant filed a setoff larger than plaintiffs’ demand, and obtained judgment for the excess. An appeal was taken to the circuit court, by Brooks, who made the affidavit and executed the required bond, but the signature of the affiant did not appear on the affidavit for appeal.
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Error to the Circuit Court of Rankin County. Hon. Uriah Millsaps, Judge, presiding. This was a suit brought by plaintiffs in error against defendant in error, before a justice of the peace. Defendant filed a setoff larger than plaintiffs’ demand, and obtained judgment for the excess. An appeal was taken to the circuit court, by Brooks, who made the affidavit and executed the required bond, but the signature of the affiant did not appear on the affidavit for appeal. The defendant in the circuit court moved to dismiss the case for want of the proper affidavit, which motion was sustained and the…
1Opinion of the CourtSimrall, J.
This was an appeal case in the circuit court from the judgment of a justice of the peace. The appeal was dismissed by the circuit court, for the want of a proper affidavit, directed by Code of 1871, § 1332, viz.: “an affidavit filed that such appeal is not made for delay, nor to vex, harass or oppress his adversary, but that justice may be done.”
*418The objection is, that Brooks, the appellant, did not sign the affidavit. The justice of the peace certifies by bis signature and seal, that Brooks appeared before him and made the oath, in the words of the statute. Lexicographers define an affidavit…
2Cases cited1 opinion
- Pettus v. PattersonMississippi Supreme Court · 1872
3Cited by2 opinions
- Williams v. WilliamsMississippi Supreme Court · 1918
- Bonner v. WhiteMississippi Supreme Court · 1900