Underwood Typewriter Co. v. Taylor
Mississippi Supreme Court
From the circuit court of Montgomery county. Hon. Joseph T. Dunn, Judge. The typewriter company, appellant, was plaintiff in - the court below; Taylor, appellee, was defendant there. From a judgment in defendant’s favor plaintiff appealed to the supreme court. The plaintiff sued defendant in a justice’s court, and on -November 23, 1907, a judgment was rendered therein in defendant’s favor.
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From the circuit court of Montgomery county. Hon. Joseph T. Dunn, Judge. The typewriter company, appellant, was plaintiff in - the court below; Taylor, appellee, was defendant there. From a judgment in defendant’s favor plaintiff appealed to the supreme court. The plaintiff sued defendant in a justice’s court, and on -November 23, 1907, a judgment was rendered therein in defendant’s favor. The plaintiff on November 27, prepared a bond for appeal to the circuit court and mailed it to the justice'of the peace at Duck Hill, where he resided and held his courts, and the bond reached there on…
1Opinion of the CourtFletcher, J.
We are controlled in this case by Murff v. Osburn (Miss.), 24 South. 873. In that case the justice of the peace left home on the day after the rendition of judgment, and was continuously absent from home until the five days' had expired, during which time the losing party made repeated visits to the office; of the justice with his appeal bond; and yet this court held that his ’appeal was properly dismissed. Here the bond was sent by mail four days after the adverse judgment was rendered, and, as in the Osborn case, the absence of the justice prevented its timely approval. This case is not…
2Cases cited1 opinion
- Winner v. WilliamsMississippi Supreme Court · 1903
3Cited by4 opinions
- Lamas v. RenaldoMississippi Supreme Court · 1928
- Campbell v. McCormick Motorcar Co.Mississippi Supreme Court · 1927
- Campbell v. McCormick Motorcar Co.Mississippi Supreme Court · 1927
- Jacobs v. JacksonMississippi Supreme Court · 1922