Foster v. Jordan
Mississippi Supreme Court
Error to the Circuit Court of Clay County. Hon. J. S. Hamm, Judge, presiding by interchange with Hon. James M. Arnold. The want of a mandate is fatal to the jurisdiction of the Circuit Court. Code 1871, § 418 ; Me Comb v. Mlett, 8 S. & M. 505; Shirley v. Conway, 44 Miss. 434; Doe v. McDonald, 27 Miss. 610; Bank y.
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Error to the Circuit Court of Clay County. Hon. J. S. Hamm, Judge, presiding by interchange with Hon. James M. Arnold. The want of a mandate is fatal to the jurisdiction of the Circuit Court. Code 1871, § 418 ; Me Comb v. Mlett, 8 S. & M. 505; Shirley v. Conway, 44 Miss. 434; Doe v. McDonald, 27 Miss. 610; Bank y. Martin, 9 S. & M. 613 ; Gfwin v. Mo Carroll, 1 S. & M. 351; Claughton v. Black, 24 Miss. 185; Root v. McBerrin, 37 Miss. 17. The point that there was no mandate comes too late.
1Opinion of the CourtChalmers, J.
This case having been heretofore in this court and reversed, the mandate certifying that fact to the lower court was issued Feb. 6, 1877, but seems not to have been filed in the lower court until after the second trial, from which the present writ of error is prosecuted. It is therefore insisted that the Circuit Court of Clay County was without jurisdiction at the time of the second trial, because it had no mandate from this court *510permitting it to proceed with the case, which, so far as that court knew, was still undetermined in this.
This is an erroneous conception of .the province of the…
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