Harvey v. Clark
Mississippi Supreme Court
From the circuit court of Bolivar county. Hon. Frank E. Larkin, Judge. Clark and others, appellees, were plaintiffs in the court below; Harvey appellant, was defendant there. From a judgment in plaintiff’s favor, defendant appealed to the circuit court. The opinion states the case. Appeals from justices of the peace are tried anew in the circuit court. Any defensive matter may then be introduced for the first time.
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From the circuit court of Bolivar county. Hon. Frank E. Larkin, Judge. Clark and others, appellees, were plaintiffs in the court below; Harvey appellant, was defendant there. From a judgment in plaintiff’s favor, defendant appealed to the circuit court. The opinion states the case. Appeals from justices of the peace are tried anew in the circuit court. Any defensive matter may then be introduced for the first time. Code 1892, §85; Callahcm v. Newell, 61 Miss., 437; Railroad, Oo. v. Andrews, 61 Miss., 474. This being purely a statutory remedy, the statute which authorizes it must be strictly…
1Opinion of the CourtTerral, J.
Frederick Clark and others, as landlords, under '§§ 2547-2557, code of 1892, instituted a special proceeding against Harvey, as their tenant, for holding over after the expiration of his term and without their permission. The plaintiffs below had a judgment by default, in the justice’s court, and Harvey appealed to the circuit court. In the circuit court Harvey offered to make an affidavit denying the facts upon which the summons was issued, as required under § 2552, which offer the court refused, because not made on or before the return day of the summons before the justice of the peace, and…
2Cited by2 opinions
- Armstrong v. MooreMississippi Supreme Court · 1916
- Bowles v. DeanMississippi Supreme Court · 1904