Bennett v. Holloway
Mississippi Supreme Court
Error to the Circuit Court of Lincoln County. Hon. J. M. Smiley, Judge. This was an action of replevin by the defendant in error against the plaintiff in error. The defendant below filed two pleas one, “ not guilty,” and the other, a special plea. The plaintiff then made a motion for a judgment, on the ground that the defendant had pleaded two pleas which could not be joined in law. The motion was sustained, and judgment rendered for the plaintiff.
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Error to the Circuit Court of Lincoln County. Hon. J. M. Smiley, Judge. This was an action of replevin by the defendant in error against the plaintiff in error. The defendant below filed two pleas one, “ not guilty,” and the other, a special plea. The plaintiff then made a motion for a judgment, on the ground that the defendant had pleaded two pleas which could not be joined in law. The motion was sustained, and judgment rendered for the plaintiff. The defendant made a motion for a new trial, which was not disposed of at that term, but at the next term an order nunc pro tunc was entered,…
1Opinion of the CourtCampbell, J.
The motion for a new trial, not having been disposed of at the term at which it was made, was still pending, and was continued by operation of law, and was properly acted on at the next term. City of Vicksburg v. Hennessey, 52 Miss.
It was erroneous to render judgment for the plaintiff below on his motion, based on the ground that the defendant had pleaded “two pleas that cannot be joined in law.” This action of the court was based on a misconception of section 597 of the Code, which has no reference to the action of replevin, which is governed by chapter 16 of the Code. The plea of not guilty…
2Cited by5 opinions
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