Germaine v. Harwell
Mississippi Supreme Court
Appeal from the chancery court of Lauderdale county. Hon. Sam Whitman, Jr., Chancellor. Suit between Mrs. L. C. Germaine and J. M. Harwell and others, in which Mrs. Germaine appeals. On appellant ’s motion to reverse the judgment because of the loss of the original papers by appellees. The facts are fully stated in the opinion of the court.
1Opinion of the CourtReed, J.
Appellant made a motion to reverse the judgment appealed from, because the original papers from which the record should be made could not be found by the clerk, and appellant averred that they were lost by counsel for appellees. A rule was issued requiring appellees to show cause why the motion should not be sustained, and a commissioner was appointed to take testimony in the matter.
It was decided in the case of Quarles v. Hiern, 70 Miss. 259, 12 South. 145, that where original papers in a case have been lost through the fault of appellee, so that the record cannot be made up, and so that the…
2Cases cited1 opinion
- Quarles v. HiernMississippi Supreme Court · 1892
3Cited by2 opinions
- McClanahan v. O'DonnellMississippi Supreme Court · 1927
- Spencer v. McClenneySupreme Court of Kansas · 1919