Graham v. Busby
Mississippi Supreme Court
IN error from tbe Circuit Court of Lafayette county. Hon. P. T. Scruggs, judge. This was an action of unlawful detainer,- brought by Graham against Busby, before three justices of the peace of Lafayette county. The plaintiff had verdict and judgment before the justices, and the defendant appealed to the Circuit Court, where the cause was tried de novo, and a verdict and judgment rendered for the defendant.
Read the full summary
IN error from tbe Circuit Court of Lafayette county. Hon. P. T. Scruggs, judge. This was an action of unlawful detainer,- brought by Graham against Busby, before three justices of the peace of Lafayette county. The plaintiff had verdict and judgment before the justices, and the defendant appealed to the Circuit Court, where the cause was tried de novo, and a verdict and judgment rendered for the defendant. On the trial, it was shown that Graham, the plaintiff, was owner of the land, and, in December, A.'D. 1851, he went to the State of North Carolina, leaving his family in possession. In…
1Opinion of the CourtSmith, C. J.
This was a proceeding, under the statute, for an unlawful de-tainer. The exceptions taken to the judgment are: 1. That the oath prescribed by law was not administered to the jury em-panelled to try the issue. 2. That evidence, offered in behalf of the plaintiff, was improperly excluded. 3. That the verdict was informal and insufficient; and 4. That the verdict was contrary to the evidence.
The statute, in such cases, directs that the trial' shall be had “ without pleadings in writing,” but has prescribed, as a substitute for a formal issue in writing, the precise form of the oath.
*274It has been…
2Cited by2 opinions
- Walker v. MarseillesMississippi Supreme Court · 1892
- Johnson v. JohnsonMississippi Supreme Court · 1896