Illinois Central Railroad v. Swanson
Mississippi Supreme Court
From tbe circuit court of Madison county. Hon. David M. Miller, Judge. Mrs. Swanson, appellee, was plaintiff in tbe court below, and tbe railroad company was defendant there. From a judgment in plaintiff’s favor tbe defendant appealed to tbe supreme court. Tbe appellee shipped a car load of bay from Way, Miss., to New Orleans, La.
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From tbe circuit court of Madison county. Hon. David M. Miller, Judge. Mrs. Swanson, appellee, was plaintiff in tbe court below, and tbe railroad company was defendant there. From a judgment in plaintiff’s favor tbe defendant appealed to tbe supreme court. Tbe appellee shipped a car load of bay from Way, Miss., to New Orleans, La. Tbe defendant’s agent gave appellee tbe bill of lading, in tbe usual form, except that it bad written in tbe corner: “Shipper’s order, notify B. W. Barrett, New Orleans, Louisiana. Ship to Levee and Washington streets.” Tbe bay reached New Orleans in due time in…
1Opinion of the CourtWhiteield, C. J.
This case was begun before a justice of the peace, where judgment by default, without personal service, was had against the appellant for the sum of $199. This judgment was rendered on the 22d of May, 1905, and an appeal taken to the circuit court. The record shows that at the July term, 1906, of the circuit court, a motion was made by the defendant to quash the original summons and the return of the officer thereon; that evidence was heard on that motion, and the motion was sustained; that the plaintiff then obtained leave of the court to amend the officer’s return; that a motion was then…
2Cited by8 opinions
- Mladinich v. KohnMississippi Supreme Court · 1964
- Fisher v. Pacific Mut. Life Ins.Mississippi Supreme Court · 1916
- Standard Oil Co. v. State ex rel. Attorney-GeneralMississippi Supreme Court · 1914
- Turner v. WilliamsMississippi Supreme Court · 1932
- Ensminger v. CampbellMississippi Supreme Court · 1961
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