Beasley v. New Orleans & Northeastern Railroad
Mississippi Supreme Court
Prom the circuit court of, second district, Perry county. Hon. William H. Cook, Judge. Beasley, appellant, was plaintiff in the court below; the railroad company, appellee, was defendant there. , Prom a judgment in defendant’s favor predicated of a peremptory instruction the plaintiff appealed to the supreme court.
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Prom the circuit court of, second district, Perry county. Hon. William H. Cook, Judge. Beasley, appellant, was plaintiff in the court below; the railroad company, appellee, was defendant there. , Prom a judgment in defendant’s favor predicated of a peremptory instruction the plaintiff appealed to the supreme court. The suit was begun in the court of a justice of the peace and was an action of tort for the wrongful killing of cattle; the defendant failed to appear therein and the justice of the peace gave judgment for the full sum demanded in plaintiff’s favor without hearing evidence touching…
1Opinion of the CourtCalhoon, J.
The first writ of certiorari in this case was based on the ground that a judgment by default had been taken in the justice’s court before five days from service of process had elapsed before the trial. It was perfectly competent to amend the petition in the circuit court by adding the ground for the issuance of the writ that the judgment in the justice’s court had been taken for a sum in gross for the killing of the cattle, without taking testimony to show value. Evans v. Railway Co., 74 Miss., 230, 21 South., 15; Miss. Central R. R. Co. v. Fort, 44 Miss., 423. Tinder the statute amendments…
2Cases cited6 opinions
- New Orleans & Northeastern R. R. v. BourgeoisMississippi Supreme Court · 1888
- Mississippi Central R. R. v. FortMississippi Supreme Court · 1870
- Yazoo & Mississippi Valley Railroad v. WhittingtonMississippi Supreme Court · 1896
- Evans v. Southern Railway Co.Mississippi Supreme Court · 1896
- Illinois Central Railroad v. WalkerMississippi Supreme Court · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Davis Bros. & Burke v. Le FloreSupreme Court of Oklahoma · 1910
- Knight v. Southern Pacific Co.Utah Supreme Court · 1918
- Gulf & Ship Island R. v. Wells Lumber Co.Mississippi Supreme Court · 1916