Postal Telegraph-Cable Co. v. Thompson
Mississippi Supreme Court
Appeal from the circuit court of Franklin county. Hon.- R. E. Jackson, Judge. Actiton by C. E. Thompson against the Postal Telegraph-Cable Company. Judgment for plaintiff was rendered by a justice of the peace. The cause was removed by certiorari to the circuit court, which after overruling a motion to quash and without reversing the judgment of the justice, ordered the case to be tried on its merits but afterwards rendered final judgment for plaintiff and defendant appeals.
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Appeal from the circuit court of Franklin county. Hon.- R. E. Jackson, Judge. Actiton by C. E. Thompson against the Postal Telegraph-Cable Company. Judgment for plaintiff was rendered by a justice of the peace. The cause was removed by certiorari to the circuit court, which after overruling a motion to quash and without reversing the judgment of the justice, ordered the case to be tried on its merits but afterwards rendered final judgment for plaintiff and defendant appeals. The facts are fully stated in the opinion of the court. Counsel says, and his bri'ef assumes, that the justice of the…
1Opinion of the CourtSmith, C. J.
The appellee recovered a judgment by default against the appellant in a court of a justice of the psace and afterwards the cause was removed to the court below by a writ of certiorari. The court below overruled a motion to quash the writ of certiorari, and without -reversing the judgment of the justice of the peace ordered the cause to be tried on its merits, but afterwards rendered final judgment, from which this appeal is taken, as follows:
“This cause coming on to be heard on motion of C. E. Thompson, to enter such judgment as the justice court should have rendered, and the court having…
2Cases cited1 opinion
- McDugle v. FilmerMississippi Supreme Court · 1901
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- State Line Mercantile Co. v. GoodwinMississippi Supreme Court · 1922