Greenburg v. Massey
Mississippi Supreme Court
Prom the circuit court- of Pike county. Hon. Moyse H. Wilkinson, Judge. Massey, the appellee, was the plaintiff in the court below and Greenburg, the appellant, was defendant there. Prom a judgment in the court of a justice of the peace in plaintiff’s favor the defendant appealed to the circuit court; and from the judgment of the circuit court in favor of plaintiff defendant appealed to the supreme court.
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Prom the circuit court- of Pike county. Hon. Moyse H. Wilkinson, Judge. Massey, the appellee, was the plaintiff in the court below and Greenburg, the appellant, was defendant there. Prom a judgment in the court of a justice of the peace in plaintiff’s favor the defendant appealed to the circuit court; and from the judgment of the circuit court in favor of plaintiff defendant appealed to the supreme court. The plaintiff, Massey, brought suit against the defendant in the court of one Harrell, a justice of the peace, by filing an affidavit, which simply averred that defendant was justly-…
1Opinion of the CourtWiiiteieijd, C. J.
The statute (§ 2401, Ann. Code 1892) requires a written statement of the cause of action. The widest liberality that can be indulged as to pleadings in the courts of justices of the peace cannot cover a total failure to file any written statement of the cause of action whatever. The true rule is that there must be such a written statement of the cause of action as can be successfully pleaded by the defendant, if sued again on the same cause of action — such a statement as will give the defendant the benefit of a plea of res judicata. This is clearly shown by the ease of Butts v. Phelps, 79…
2Cases cited2 opinions
- Butts v. PhelpsSupreme Court of Missouri · 1883
- Thomas v. Shell Bros.Mississippi Supreme Court · 1898
3Cited by1 opinion
- State Highway Commission v. MasonMississippi Supreme Court · 1941