Legal Opinion

Lester v. Harris

Mississippi Supreme Court

Decided April 15, 1868PublishedCited by 1 opinion

Error to the Circuit Court of Panola county. Hon. Alexander M. Clayton, judge. Harris, in the County Court of Panola county, brought an action of unlawful detainer against Lester to recover possession of certain lots in the town of Panola. A verdict was rendered in favor of Lester. Harris appealed to the Circuit Court, and there the case was tried “ de novo ” on its merits, and a verdict returned in his favor.

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Error to the Circuit Court of Panola county. Hon. Alexander M. Clayton, judge. Harris, in the County Court of Panola county, brought an action of unlawful detainer against Lester to recover possession of certain lots in the town of Panola. A verdict was rendered in favor of Lester. Harris appealed to the Circuit Court, and there the case was tried “ de novo ” on its merits, and a verdict returned in his favor. Lester, as far as the record shows, did not insist upon a trial on the record of the County Court. A bill of exceptions was taken by Lester, a motion made for a new trial, which being…

1Opinion of the CourtShackelford, C. J.

This proceeding commenced in the County Court of Panola county. Daniel T. Harris, the defendant in error, filed his complaint in said court, against the plaintiff in error, Simon P. Lester, for an unlawful detainer, &c.

The case was tried at the May term, 1866, of said County Court.

Jury, and verdict for the defendant in error, Simon P. Lester. ‘Judgment awarded in his favor for his costs, &c.

"Whereupon the plaintiff, Daniel T. Hands, now defendant in error, here prayed an “ appeal ” to the Circuit Court of Panola county.

The “ appeal ” being granted, the case was canned into the Circuit Court,…

2Cases cited1 opinion

  1. Lyles v. BarnesMississippi Supreme Court · 1866

3Cited by1 opinion

  1. Weathersby v. SleeperMississippi Supreme Court · 1869

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