White v. Shumate
Mississippi Supreme Court
Error to the Circuit Court of Lauderdale County. Hon. Robert Leachman, Judge. This was an action of assumpsit by Shumate against White, before Wilcox, mayor of Meridian, and ex officio justice of the peace.
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Error to the Circuit Court of Lauderdale County. Hon. Robert Leachman, Judge. This was an action of assumpsit by Shumate against White, before Wilcox, mayor of Meridian, and ex officio justice of the peace. The summons issued on the 20th day of March, 1873, in the usual form — the cause of action is described as defendant’s promissory note due and payable by the 1st of December, 1872, for $131 04-100, dated May 18,1872, with interest from the 13th of January, 1872. The note is substantially as described by indorsement on the summons ; but is payable to J. M. Shumate or bearer Defendant…
1Opinion of the Court
Peyton, O. J.,
delivered the opinion of the court:
This is a writ of error from a judgment of the circuit court, dismissing an appeal from the judgment of a justice of the peace for the want of a sufficient and proper affidavit.
It appears to be conceded that the appeal was demanded and bond given within the time prescribed by section 1332 of the revised code of 1871, but the affidavit filed states that the appeal *133is not made to vex, harass or oppress the plaintiff, but that justice may be done, omitting the word “ delay.” We think this is a sufficient and substantial compliance with the…
2Cited by2 opinions
- Coppock v. SmithMississippi Supreme Court · 1877
- People's Bank of Biloxi v. Smith Bros. & Co.Mississippi Supreme Court · 1898