Gardner v. Price

L. A. 'Smith, Sr., J.,

delivered the opinion of the court.

This case has been here before under the style of Gardner et al. v. Cade, 190 Miss. 505, 200 So. 720, and was reversed and remanded to the circuit court for the reason therein stated. Accordingly, after remand to the circuit court, a motion to dismiss for lack of jurisdiction was sustained, thus leaving the status of the case unaltered in the court of the justice of the peace, which rendered the original judgment.

On August 12, 1940, this judgment was enrolled, and eight days later a writ of execution was issued, followed by a bill for…