Lewis v. Sinclair
Mississippi Supreme Court
Appeal from circuit court of Pike county. Hon. D. M. Miller, Judge. Action by M. W. Sinclair against Mose Lewis. Judgment for plaintiff on-.appeal by defendant from a judgment before a justice of the peace, and defendant again appeals.
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Appeal from circuit court of Pike county. Hon. D. M. Miller, Judge. Action by M. W. Sinclair against Mose Lewis. Judgment for plaintiff on-.appeal by defendant from a judgment before a justice of the peace, and defendant again appeals. This is a suit of replevin, and there is a specific remedy and procedure set out in chapter 120 of the Code of 1906, and the venue of actions in replevin is fixed by statute section 4216, Code of 1906, as follows: “Action of replevin may be instituted in the circuit court of a county, or a justice’s court of a district in which the defendant or one of several,…
1Opinion of the CourtCook, J.
Appellee, plaintiff below, instituted an action of replevin in the justice court of district No. 4 of Pike county seekingrio recover possession of certain personal property which was located in district No. 3, and the writ was made returnable before the justice of the peace who issued it. Appellant, defendant below, resided in district No. 3 and the property was found at his residence when it 'was seized under the writ. Upon the trial of the cause in the justice court of district No. 4 there was a judgment for plaintiff and defendant appealed to the circuit court. In the circuit court a…
2Cited by3 opinions
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