Mitchell v. Mead
Mississippi Supreme Court
Eeom the circuit court of Harrison county. Hon. William H. Hardy, Judge. Mead, appellee, was plaintiff in the court below. One Levy was defendant and Mitchell, appellant, was garnishee there. Erom a judgment in plaintiff’s favor the garnisheej Mitchell, appealed to the supreme court. The facts are stated in the opinion of the court.
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Eeom the circuit court of Harrison county. Hon. William H. Hardy, Judge. Mead, appellee, was plaintiff in the court below. One Levy was defendant and Mitchell, appellant, was garnishee there. Erom a judgment in plaintiff’s favor the garnisheej Mitchell, appealed to the supreme court. The facts are stated in the opinion of the court. This court has uniformly held on appeals from every judgment of a justice of the peace, that the case is triable anew, and any proper defense may be for the first time set up in the circuit court, and this, without regard to the question whether the judgment was…
1Opinion of the Court
Whiteield, O. J.,
delivered the opinion of the court.
Mead obtained judgment before a - justice of the peace in Harrison county against Levy, whereupon a writ of garnishment was issued commanding the appellant to appear and answer as to his alleged indebtedness to said Levy on December 20, 1902. On that day the case was continued to January 3, 1903, and on the latter day appellant, garnishee, failing to appear and answer, judgment by default was taken against him, and he appealed within five days to the next (May) term of the circuit court of Harrison county. Before that term convened, and on…
2Cited by1 opinion
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