Ex parte Grubbs
Mississippi Supreme Court
From the circuit court of Washington county. Hon. Frank A. Larkin, Judge. The facts are stated in the opinion of the court! For a previous chapter in the history of Grubb’s grievances, see Ex parte Joseph Grubbs, 79 Miss., 358. This case was gotten into the circuit court not by an appeal from the justice of the peace court, but by a writ of certiorari.
Read the full summary
From the circuit court of Washington county. Hon. Frank A. Larkin, Judge. The facts are stated in the opinion of the court! For a previous chapter in the history of Grubb’s grievances, see Ex parte Joseph Grubbs, 79 Miss., 358. This case was gotten into the circuit court not by an appeal from the justice of the peace court, but by a writ of certiorari. The writ was prosecuted more than six months after the rendition of the judgment by the justice of the peace, and it was barred. Code 1892, § 89; Smith v. Boylcin, 61 Miss., 110, does not aid Grubbs. While he could probably appeal from the…
1Opinion of the CourtOaxi-ioon, J.
Mr. Grubbs was convicted of a criminal offense by a justice of the peace. lie took his appeal to the circuit court, but not until after the lapse of several months, and after two terms of that court had intervened. In the meantime he was on the county farm, serving a sentence as a convict. Seven months after his conviction he obtained a writ of certiorari to the justice of the peace to appear with the record and papers. The justice appeared, and said he could not bring the papers, because they were lost; but, curiously enough, he makes no excuse for bringing the record, which would have been…
2Cases cited1 opinion
- Smith v. BoykinMississippi Supreme Court · 1883
3Cited by4 opinions
- Merritt v. StateMississippi Supreme Court · 1986
- Ball v. StateMississippi Supreme Court · 1947
- Little v. WilsonMississippi Supreme Court · 1940
- Williams v. StateCourt of Appeals of Mississippi · 2014