Marx v. Trussell
Mississippi Supreme Court
Error to the Circuit Court of Lauderdale County. Hon, Robert Leachman, Judge. This was an appeal from a justice’s court to the circuit court of Lauderdale county, and there tried at the May term 1872, of said court.
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Error to the Circuit Court of Lauderdale County. Hon, Robert Leachman, Judge. This was an appeal from a justice’s court to the circuit court of Lauderdale county, and there tried at the May term 1872, of said court. Judgment was rendered in the justice’s court against plaintiff in error, Marx, and he took his appeal, and in the circuit he obtained leave to file his set-off, which he filed on the 24th of May, 1872, and on the 29th of May the case came on to be tried, and after the plaintiff in the court below had introduced his testimony and rested his case, the defendant, Marx, was offered as…
1Opinion of the CourtTarbell, J.
This cause originated before a justice of the peace. The action was on open account. There was a judgment for the plaintiff in the action, and the defendant appealed to the circuit court. The same result followed in the latter court, when the defendant in the action prosecuted a writ of error. The question for the decision of this court is, whether the defendant in the action, having failéd or neglected to file with the justice of the peace a written statement of his set off against the demand of the plaintiff, was entitled to amend by filing it in the circuit court,
The Code, § 1305, directs…
2Cited by3 opinions
- Burcell v. GoldsteinNorth Dakota Supreme Court · 1912
- D. Callahan & Co. v. NewellMississippi Supreme Court · 1884
- Wright v. ThorntonMississippi Supreme Court · 1944