Weddell v. Seal
Mississippi Supreme Court
Appeal from tlie chancery court of Chickasaw county. Pollard, Chancellor. The opinion contains a full statement of the facts. By the provisions of our statute (Rev. Code, 409, § 23) a defendant has the right, after judgment has been rendered against him in a justice’s court, to have the cause taken to the circuit court and tried again on its merits.
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Appeal from tlie chancery court of Chickasaw county. Pollard, Chancellor. The opinion contains a full statement of the facts. By the provisions of our statute (Rev. Code, 409, § 23) a defendant has the right, after judgment has been rendered against him in a justice’s court, to have the cause taken to the circuit court and tried again on its merits. It is not tried by the circuit court on error, but it is in effect granting a new trial in another forum, on certain conditions. The defendant may choose to make no defense at all in the justice’s court. He may desire not to disclose his defense…
1Opinion of the Court
Tabbell, J.:
The appellant was prosecuted before a magistrate of the county of Chickasaw, by appellees, Jerry Seale and Ann Seale, administrator and administratrix of Jesse Seale, deceased, to recover the amount due on a promissory note, or, as the complaint describes it, a “true bill,” purporting to be executed by the appellant. Judgment was rendered by default. An appeal was taken to the circuit court, wherein the same was dismissed. Thereupon the appellant filed his bill of complaint in the chancery court of Chickasaw county against the plaintiff in the judgment, making the sheriff a party,…
2Cases cited1 opinion
- Bruner v. Planters BankMississippi Supreme Court · 1852
3Cited by1 opinion
- Henry v. StateMississippi Supreme Court · 1963