Legal Opinion

Denton v. Denton

Mississippi Supreme Court

Decided December 15, 1899PublishedCited by 7 opinions

From the circuit court of second district, Coahoma county. Host. F. A. Montgomery, Judge. Esca M. Denton, the appellant, was the plaintiff in the court below; Ira C. Denton, the appellee, was defendant there. The suit was begun in a justice’s court, and was decided in the court of original jurisdiction for the defendant. The plaintiff undertook to appeal to the circuit court, and executed an appeal bond in the penalty of seventy-five dollars.

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From the circuit court of second district, Coahoma county. Host. F. A. Montgomery, Judge. Esca M. Denton, the appellant, was the plaintiff in the court below; Ira C. Denton, the appellee, was defendant there. The suit was begun in a justice’s court, and was decided in the court of original jurisdiction for the defendant. The plaintiff undertook to appeal to the circuit court, and executed an appeal bond in the penalty of seventy-five dollars. Upon motion the circuit court dismissed the appeal from the justice’s court because the appeal bond was in a penalty less than one hundred dollars, and…

1Opinion of the Court

Whiteielt), J.,

delivered the opinion of the court.

The appeal bond was defective merely, not void. The court should have allowed the amendment to be made. Anno, code of 1892, § 91, and authorities; Enc. Pl. & Pr., vol. 1, p. 995; 39 Texas, 164; 42 Texas, 48.

Reversed and remanded.

2Cases cited2 opinions

  1. King v. HopkinsTexas Supreme Court · 1874
  2. Long v. SmithTexas Supreme Court · 1873

3Cited by7 opinions

  1. Pennyan v. AlexanderMississippi Supreme Court · 1957
  2. Barrett v. PickettMississippi Supreme Court · 1918
  3. Wallace v. StateMississippi Supreme Court · 1928
  4. Williams v. JohnsonMississippi Supreme Court · 1936
  5. De Laval Separator Co. v. CuttsMississippi Supreme Court · 1926

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