Warren v. Trustees of African Baptist Church
Mississippi Supreme Court
Error to the Circuit Court of Madison County. Hon. W. B. 'Cunningham, Judge. The facts in the case are sufficiently set forth in the opinion of the court. The appeal was not taken in time. The appeal bond does not ■comply with the law literally nor substantially. Rev. Code 1857, p. 353; Rev. Code 1871, § 1594. The special court organized to try unlawful detainer cases cannot entertain a motion for a new trial.
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Error to the Circuit Court of Madison County. Hon. W. B. 'Cunningham, Judge. The facts in the case are sufficiently set forth in the opinion of the court. The appeal was not taken in time. The appeal bond does not ■comply with the law literally nor substantially. Rev. Code 1857, p. 353; Rev. Code 1871, § 1594. The special court organized to try unlawful detainer cases cannot entertain a motion for a new trial. The cause was tried by a jury, under the Code of 1857. The court is the mere creature of the statute, and has no power except that conferred upon it by the statute law of its creation,…
1Opinion of the CourtSimrall, J.
Jackson Warren made oath that the trustees of the African Baptist Ohurch detained from him certain premises, and thereupon the justice of the peace issued the summons, directed by the statute, on the 19th of July, 1871.
The transcript of the special court, composed of the magistrates and jury, filed in the circuit court, shows that this court was organized the 9th of August, 1871, and as the transcript states, on account of absence of witnesses, adjourned until Monday, the 4tk *226day of August, This must be a clerical error intended for the 14th, for the next entry is, “August 14th, 1871. Court…
2Cases cited1 opinion
- Bartling v. JamisonSupreme Court of Missouri · 1869
3Cited by2 opinions
- Williams v. JohnsonMississippi Supreme Court · 1936
- McLemore v. ScalesMississippi Supreme Court · 1890