Southern School Book Depository v. Donald
Mississippi Supreme Court
Appeal from the circuit court of Tallahatchie county. Hon. D. E. Dinkins, Judge. Suit by the Southern School Book Depository against J. L. Donald and others. From a judgment for defendants, plaintiff appeals. The facts are fully stated in the opinion of the court. It is the settled law of this state that, on appeal from a. justice of the peace court to circuit court a trial de novo shall he had, so that the merits of the case may be fully shown.
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Appeal from the circuit court of Tallahatchie county. Hon. D. E. Dinkins, Judge. Suit by the Southern School Book Depository against J. L. Donald and others. From a judgment for defendants, plaintiff appeals. The facts are fully stated in the opinion of the court. It is the settled law of this state that, on appeal from a. justice of the peace court to circuit court a trial de novo shall he had, so that the merits of the case may be fully shown. Code 1906. section 86; Code 1906, section 775;. Russell. Admn, v. Moore, 8. S. & M. 700; Stier v. Svrget, 10 S. & M. 154 ; Porter y. Fooshee, 41…
1Opinion of the CourtSmith, C. J.
The Southern Schoolbook Depository seems to be a partnership composed of Burgess Smith and Victor R. Smith, doing business at J ackson, Miss., as a state schoolbook depository, under chapter 219, Laws of 1910. It designated the Tutwiler Drug Company as its agent for the distribution of schoolbooks at Tutwiler, Miss., and this suit is to recover the value of schoolbooks delivered to that company for distribution under its contract with appellant, fcr the faithful performance of which it had executed to appellant a bond, on which appellees are sureties. The account sued on consists of seven…
2Cited by5 opinions
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