Louisville & Nashville Railroad v. McCollister
Mississippi Supreme Court
Appeal from the circuit court of Harrison county. Hon. S. H. Terral, Judge. The facts are sufficiently stated in the opinion. It was manifestly error for the circuit judge to order the “ cases” to be consolidated, and proceeded with as one case. The matter came to the circuit court on one judgment, with one appeal-bond, in a suit in which only one summons had been issued, and no consolidation could there be had.
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Appeal from the circuit court of Harrison county. Hon. S. H. Terral, Judge. The facts are sufficiently stated in the opinion. It was manifestly error for the circuit judge to order the “ cases” to be consolidated, and proceeded with as one case. The matter came to the circuit court on one judgment, with one appeal-bond, in a suit in which only one summons had been issued, and no consolidation could there be had. The case should have been dismissed for want of jurisdiction in the magistrate’s court; the judgment was coram nonjudice.- It was a barefaced attempt by the justice to acquire…
1Opinion of the CourtCooper, J.
The appellee filed with a justice of the peace three several causes of action against the Louisville and Nashville Railroad Company for injury done to his stock on three several occasions. The justice of the peace seems to have docketed the claims as three separate actions, but issued only one subpoena for the defendant. The defendant appeared by counsel in one case and moved to consolidate the three suits, which motion ivas overruled, and thereupon, as the record shows, the justice proceeded to try the claim for damages claimed for the killing of a certain heifer (being one of the claims…
2Cited by1 opinion
- McDugle v. FilmerMississippi Supreme Court · 1901