Morris v. Shryock
Mississippi Supreme Court
Error to the Circuit Court of Washington County. Hon. C.. C. Shackleford, Judge. The facts in this case appear sufficiently in the opinion of the court. It was error to quash the certiorari, and the circuit court bad no-jurisdiction of the case. There was no final judgment in the justice’s court, the case was still in his court undetermined, and the circuit court could not oust the justice of his jurisdiction.
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Error to the Circuit Court of Washington County. Hon. C.. C. Shackleford, Judge. The facts in this case appear sufficiently in the opinion of the court. It was error to quash the certiorari, and the circuit court bad no-jurisdiction of the case. There was no final judgment in the justice’s court, the case was still in his court undetermined, and the circuit court could not oust the justice of his jurisdiction. See Rev. Code, 1871, § 1336. No trial was had as to the claim of Shryock & Rowland, until it reached the circuit court, nor does it appear that an issue was joined. If it was error to…
1Opinion of the CourtPeyton, C. J.
The material facts of this case, as presented by this record, are, that Y. L. Sanders & Co., a mercantile firm, located and doing business in the town of Greenville, in the county of Washington, in this state, were indebted to one M. Morris, in the sum of $251.98, as evidenced by their two promissory notes, one dated January 15, 1873, for $112.70, payable thirty days after date, the other, dated 1st of February, 1873, for $139.28, and payable thirty days after date.
On the 5 th day of March, 1873, the said M. Morris sued out *594before one J. L. Griffin, a justice of the peace of said county of…
2Cases cited7 opinions
- Buckley v. Furniss & StickneyNew York Supreme Court · 1836
- Harris v. . PrattNew York Court of Appeals · 1858
- Porter v. M'Clure & TourtellotNew York Supreme Court · 1836
- O'brien v. Norris, Caldwell & Co.Court of Appeals of Maryland · 1860
- Harris v. HartThe Superior Court of New York City · 1857
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Howell v. KershMississippi Supreme Court · 1928
- Schwabacher v. KaneMissouri Court of Appeals · 1883
- Welch v. HannieMississippi Supreme Court · 1916
- McDugle v. FilmerMississippi Supreme Court · 1901
- Weber v. BaesslerColorado Court of Appeals · 1893
9 more not listed; retrieve them via the Exa API.