Coppock v. Smith
Mississippi Supreme Court
Ebbob to the Circuit Court of Rankin County. Hon. W. M. HANCOCK, Judge. The attorney could make the affidavit, Waller v. Shannon, 53 Miss. 500; and the omission of the words “ for delay ” could not defeat the appeal, since the language used is a substantial compliance with the statute. Code 1871, § 1332; White v. Shumate, 50 Miss. 130. 1. One cannot make affidavit, by attorney; vicarious swearing is not allowable.
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Ebbob to the Circuit Court of Rankin County. Hon. W. M. HANCOCK, Judge. The attorney could make the affidavit, Waller v. Shannon, 53 Miss. 500; and the omission of the words “ for delay ” could not defeat the appeal, since the language used is a substantial compliance with the statute. Code 1871, § 1332; White v. Shumate, 50 Miss. 130. 1. One cannot make affidavit, by attorney; vicarious swearing is not allowable. Miller v. McDouga.il, 44 Miss. 682; Waller v. Shannon, 58 Miss. 500. 2. In the absence of the facts on which the court below acted, in sustaining the motion to dismiss the appeal,…
1Opinion of the CourtChalmebs, J.
The appeal from the Justice’s Court was dismissed on motion in the Circuit Court, because of a supposed insufficiency in the affidavit for appeal. The affidavit does not allege that the appeal was not taken “ for delay,” but does allege that it was prosecuted in order that “ justice may be done.” Code 1871, § 1332. This was held sufficient in White v. Shumate, 50 Miss. 130.
It is insisted that the affidavit is defective because made bjr the attorney, and not by the litigant. This is a mistake. The affidavit recites upon its face that the litigant (W. H. Cop-pock) appeared and swore. It is…
2Cases cited2 opinions
- Waller v. ShannonMississippi Supreme Court · 1876
- White v. ShumateMississippi Supreme Court · 1874
3Cited by2 opinions
- Downing v. CampbellMississippi Supreme Court · 1922
- Bonner v. WhiteMississippi Supreme Court · 1900