Spratley v. Kitchens
Mississippi Supreme Court
Error to the Circuit Court, of Warren County. Hon. George F. Brown, Judge. The defendant in error sued out before a justice of the peace two writs of replevin, for different cattle, described in the writ. In one case judgment was rendered for Kitchens, the plaintiff below; in the other the judgment was for Spratley, the defendant below.
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Error to the Circuit Court, of Warren County. Hon. George F. Brown, Judge. The defendant in error sued out before a justice of the peace two writs of replevin, for different cattle, described in the writ. In one case judgment was rendered for Kitchens, the plaintiff below; in the other the judgment was for Spratley, the defendant below. Both parties appealed to the Circuit Court, and in that court the actions were consolidated, and a single judgment was rendered against the defendant and the sureties oil his two bonds. The other facts appear in. the opinion of the court. 1. The court erred in…
1Opinion of the CourtChalmers, J.
One of the replevin writs issued by the justice of the peace had no seal or scroll upon it. Section 1310 of the Code of 1871 provides that “ all civil process issued by a justice of the peace shall be under his hand and seal.” Motion was made in the Circuit Court to quash the writ because of the absence of a seal. The motion was properly denied. Section 712 of the Code provides that ‘ ‘ if any matter required to be inserted in, or indorsed upon, any process shall be omitted, such process shall not on that account be held void, but may be set aside as irregular, or amended on such terms as the…
2Cases cited1 opinion
- McClanahan v. BrackMississippi Supreme Court · 1871
3Cited by8 opinions
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