Welch v. H. M. Smith & Co.
Mississippi Supreme Court
Appeal from the Chancery Court of Tishomingo County. Hon. Baxter McFarland, Chancellor. This hill in equity, exhibited by J. W. Welch against H. M. Smith & Co., sets out that in 1886 a judgment was rendered against complainant by a justice of the peace, in an action of trespass by complainant against defendants, for unlawfully cutting and carrying away complainant’s trees; that an appeal was taken to the Circuit Court, when judgment was again rendered in favor of defendants;…
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Appeal from the Chancery Court of Tishomingo County. Hon. Baxter McFarland, Chancellor. This hill in equity, exhibited by J. W. Welch against H. M. Smith & Co., sets out that in 1886 a judgment was rendered against complainant by a justice of the peace, in an action of trespass by complainant against defendants, for unlawfully cutting and carrying away complainant’s trees; that an appeal was taken to the Circuit Court, when judgment was again rendered in favor of defendants; that complainant asked and obtained an appeal to the Supreme Court; that a bill of exceptions, appeal-bond, and…
1Opinion of the Court
Arnold J.
delivered the opinion of the Court.
Sec. 2293 of the Code provides that “ when the records of any judgment or decree have been lost or destined, the plaintiff or complainant, or other person interested therein, may have the same substituted against the defendant therein, upon motion, and such notice to the defendant as is required in actions or suits in the Court in which such motion is made; and such judgment or decree, when substituted, shall have the same force and effect as before the loss or destruction of the first record thereof. ”
The remedy of appellant was under this section,…
2Cases cited1 opinion
- Bowman v. McLaughlinMississippi Supreme Court · 1871
3Cited by2 opinions
- Boggess v. HarrisTexas Supreme Court · 1897
- Griffin v. LandMississippi Supreme Court · 1952