Mayor of Vicksburg v. Hennessey
Mississippi Supreme Court
Error to the Circuit Court of Warren County. Hon. Gteo. F. BrowN, Judge. The facts of this case sufficiently appear in the opinion of the court.
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Error to the Circuit Court of Warren County. Hon. Gteo. F. BrowN, Judge. The facts of this case sufficiently appear in the opinion of the court. The error assigned is the refusal of the court to take up and consider the motion. insisted: 1. That the legislature had the power to define, by law, the practice with regard to the hearing and continuance of motions for new trials in any given case at any time, and that the act of March 6, 1875, was constitutional, and should have been obeyed by the circuit court. 2. That, under § 668 of the Code of 1871, “ all matters, etc., undetermined at any…
1Opinion of the CourtChalmees, J.
The circuit court of Warren county, at its November term, 1874, was brought to an abrupt termination by the unexpected adjournment thereof on account of the local disturbances in connection with the office of sheriff, which have become a part of the history of the state.
There was pending at the time, undetermined, a motion for a new trial in the case at bar. This -motion was not acted on, nor marked “continued.” On the 6th of March, 1875, the legislature passed an act intended to obviate the evils arising from the sudden termination of the court, which provided, among other things, that all…
2Cited by1 opinion
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