Lunenberger v. State
Mississippi Supreme Court
From the circuit court of Pike county.' The opinion states the case. The appellant should have been discharged on his motion to that end. The testimony showed that neither the verdict nor judgment were entered by the justice of the peace until several days after the adjournment of the term at which appellant was tried, and no memorandum whatever of the result of the trial being made on his docket. MeQuillen v. State, 8 Smed. & M., 587; Grayy. Thomas, 12 lb., Ill; McCarthy y.
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From the circuit court of Pike county.' The opinion states the case. The appellant should have been discharged on his motion to that end. The testimony showed that neither the verdict nor judgment were entered by the justice of the peace until several days after the adjournment of the term at which appellant was tried, and no memorandum whatever of the result of the trial being made on his docket. MeQuillen v. State, 8 Smed. & M., 587; Grayy. Thomas, 12 lb., Ill; McCarthy y. State, 56 Miss., 294; Shackelford v. Levy, 63 lb., 125. The cases cited on behalf of appellant have no application, as…
1Opinion of the CourtWoods, C. J.
The motion of the defendant to be discharged, because of the failure of the justice of the peace to perform the mere clerical act of entering up the judgment actually rendered for two days, was properly overruled. The entry of the judgment which had been rendered was merely clerical, and, in this case, it is undisputed that the judgment was really rendered, and that a proper notation of the justice’s action was then made in writing, and was transcribed in the docket two days later. See Conwell v. Kuykendall, 29 Kan., 707; Freeman on Judgments, sec. 53a, and cases there cited; 12 Am. & Eng.…
2Cases cited2 opinions
- Swain v. GilderMississippi Supreme Court · 1884
- Conwell v. KuykendallSupreme Court of Kansas · 1883
3Cited by3 opinions
- Jackson v. SchwartzMississippi Supreme Court · 1970
- Simpson v. BoykinMississippi Supreme Court · 1918
- Varner v. StateIndiana Court of Appeals · 1929