Robinson v. Mhoon
Mississippi Supreme Court
From the circuit court of Tunica county. HoN. R. W. WilliamsoN, Judge. Appellant was plaintiff in a suit in tbe justice court, and, desiring to appeal from an adverse judgment, tendered to the justice of the peace, within five days, an appeal bond signed by himself and two sureties. The justice took the bond, saying he would examine it and if found correct would approve it. He declined to approve it, and entered a minute on his docket that he refused it because insufficient.
Read the full summary
From the circuit court of Tunica county. HoN. R. W. WilliamsoN, Judge. Appellant was plaintiff in a suit in tbe justice court, and, desiring to appeal from an adverse judgment, tendered to the justice of the peace, within five days, an appeal bond signed by himself and two sureties. The justice took the bond, saying he would examine it and if found correct would approve it. He declined to approve it, and entered a minute on his docket that he refused it because insufficient. After the expiration of the five days the justice, for the first time, told plaintiff’s agent of his disapproval of the…
1Opinion of the CourtWoods, J.
In acting upon appellant’s motion to approve his appeal bond, docket the cause and proceed to trial, we are of opinion that the court below should not have denied the same wholly, because in the then condition of the case, it was impossible to grant the entire prayer of the motion. With the petition for certiorari, and its very full exhibits before the court, if it was true (as appears from the record before us) that the magistrate had not been served with notice to produce the original papers and proceedings, the proper process should have been issued, and the cause delayed to await the…
2Cited by15 opinions
- City of Durant v. Laws Const. Co., Inc.Mississippi Supreme Court · 1998
- Power v. RobertsonMississippi Supreme Court · 1922
- City of Jackson, Mississippi v. Ben AllenMississippi Supreme Court · 2018
- Gulf & Ship Island Railroad v. AdamsMississippi Supreme Court · 1904
- Gill v. WoodsMississippi Supreme Court · 1969
10 more not listed; retrieve them via the Exa API.