Bonner v. White
Mississippi Supreme Court
From the circuit court of Jones county. Hon. John K. Enochs, Judge. White, the appellee, was plaintiff in the court below; Bonner, the appellant, ivas defendant there. The opinion fully states the case. The court below erred in granting a peremptory instruction for the plaintiff as for want of a counter affidavit, because one was on file. It is true the counter affidavit was informal, but it was sufficient.
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From the circuit court of Jones county. Hon. John K. Enochs, Judge. White, the appellee, was plaintiff in the court below; Bonner, the appellant, ivas defendant there. The opinion fully states the case. The court below erred in granting a peremptory instruction for the plaintiff as for want of a counter affidavit, because one was on file. It is true the counter affidavit was informal, but it was sufficient. This court has correctly never been technical when dealing with justice of the peace proceedings. Dunla/p v. Clay, 65 Miss., 454; Brooks v. Snead, 50 Miss., 416; Trice v. Jones, 52 Miss.,…
1Opinion of the CourtCalhoon, J.
This is a controversy over what is the proper procedure under code § 1801, providing that an affidavit that an account sued on is £ 1 correct and due ’ ’ and shall £ £ entitle the plaintiff to judgment,” unless there be a counter affidavit that it is not correct, etc., as applied to the facts of the particular case.. These facts, precisely stated, are: White sued Bonner in the court of a justice of the peace on an account duly sworn to in conformity with that section. On the twenty-third of September, 1899, the case was called for trial in that court., and judgment given for Bonner, and…
2Cases cited6 opinions
- Dunlap v. ClayMississippi Supreme Court · 1888
- Reinhardt v. CarterMississippi Supreme Court · 1873
- Aaron v. PodestaMississippi Supreme Court · 1882
- Trice v. JonesMississippi Supreme Court · 1876
- Brooks v. SneadMississippi Supreme Court · 1874
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