Lane v. W. J. Wheless & Co.
Mississippi Supreme Court
This is a motion by James Moore and Gr. W. Yasser to vacate the judgment rendered against them in this court on the 23d July, 1868. The history of the cause, as shown by the record, is this, viz. : W.. J. Wheless & Co. recovered a judgment in the circuit court of Carroll county, at the October term, 1867, against Lane & Standley, upon which Lane & Standley sued out a writ of error, and gave a bond, in the usual form, with James Moore and Gr.
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This is a motion by James Moore and Gr. W. Yasser to vacate the judgment rendered against them in this court on the 23d July, 1868. The history of the cause, as shown by the record, is this, viz. : W.. J. Wheless & Co. recovered a judgment in the circuit court of Carroll county, at the October term, 1867, against Lane & Standley, upon which Lane & Standley sued out a writ of error, and gave a bond, in the usual form, with James Moore and Gr. W. Yasser, as sureties, in double the amount of the judgment. The writ of error was taken to the April term, 1868. The writ of error was dismissed on…
1Opinion of the Court
PeytoN, C. J. :
At the April term of the high court of errors and appeals, 1868, upon the motion of the defendants in error, a judgment was rendered, dismissing the writ of error in this case, for the want of prosecution.
At the special July term of said court, 1868, upon motion of the defendants in error, the former judgment of the court, dismissing the writ of error for want of prosecution, was set aside, and the cause re-instated and a judgment rendered against the plaintiffs in error, Lane & Standley and Moore and Yasser, their sureties on the writ of error bond. And at the October term,…
2Cited by8 opinions
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- Nutt v. KnutMississippi Supreme Court · 1904
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