Trice v. Jones
Mississippi Supreme Court
Error to the Circuit Court of Wayne County. Hon. Wm. M. HANCOCK, Judge. The only facts necessary to a full understanding of this case are stated in the opinion of the court. The errors assigned are as follows : 1. Because the court erred in dismissing plaintiff’s appeal. 2. Because the court erred in holding that plaintiff’s affidavit for an appeal was not made in due form of law.
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Error to the Circuit Court of Wayne County. Hon. Wm. M. HANCOCK, Judge. The only facts necessary to a full understanding of this case are stated in the opinion of the court. The errors assigned are as follows : 1. Because the court erred in dismissing plaintiff’s appeal. 2. Because the court erred in holding that plaintiff’s affidavit for an appeal was not made in due form of law. This was an action of replevin under the Code, 1871, § 1530. Judgment for plaintiff for $25 damages and costs. Affidavit for appeal to the circuit court. As to the sufficiency of the1 affidavit, see Reders v.…
1Opinion of the Court
Campbell J.,
delivered the opinion of the court.
Trice sued Jones in replevin for a mule, before a justice of the peace, and on trial Jones obtained judgment against Trice' for $25 damages, from which Trice appealed to the. circuit court. This appeal was dismissed, on motion of Jones, for want of such an affidavit as the statute requires, and Trice prosecuted a writ of error to the judgment dismissing his appeal. An inspection of the affidavit made by Trice for his appeal shows nothing unusual in it except that instead of the stereotyped formula, “ Sworn to and subscribed before me,” *139tbe…
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