Bowers v. Ross
Mississippi Supreme Court
Error to the Circuit Court of Madison County. Hon. W. B. Cunningham, Judge. On October 21, 1865, W. M. Fowler sued out an attachment against George A. Ross, upon the ground that he was “anon-resident of the state of Mississippi.” The writ was levied on lands of the defendant, and one Brittain L. Prichard, as executor, was summoned as garnishee. Fowler having died, E. J. Bowers, the plaintiff in error, became administrator of his estate, and continued the suit.
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Error to the Circuit Court of Madison County. Hon. W. B. Cunningham, Judge. On October 21, 1865, W. M. Fowler sued out an attachment against George A. Ross, upon the ground that he was “anon-resident of the state of Mississippi.” The writ was levied on lands of the defendant, and one Brittain L. Prichard, as executor, was summoned as garnishee. Fowler having died, E. J. Bowers, the plaintiff in error, became administrator of his estate, and continued the suit. The defendant appeared and pleaded in abatement, traversing the statement in the affidavit that he was a non-resident of the state at…
1Opinion of the CourtSimrall, C. J.
It is objected by the defendant in error that we are pre-cluded from reviewing the proceedings and judgment on the last trial,, because two new trials had been granted. We are referred to section 647 of the Code : “ And no more than two new trials shall be granted to either party in the same cause.” The next succeeding section allows a bill of exceptions to the refusal or the granting of a new trial; on which ■error may be assigned. The closing section is: “And the Supreme Court shall have power to grant new trials, or to correct any errors of the Circuit Court in granting or refusing the…
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3Cited by8 opinions
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