Gardner v. New Orleans & Northeastern Railroad
Mississippi Supreme Court
From the circuit court of Jones county. Hon. John R. Enochs, Judge. Gardner, the appellant, was the plaintiff in the court below, and the railroad company, the appellee, was defendant there. The hardware, damage to which was sued for, was shipped to appellant at Laurel, Mississippi, from Mobile, Alabama. When the car was opened at Laurel it was found that the goods (stoves) were badly rusted, and when moved considerable quantities of water fell from them.
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From the circuit court of Jones county. Hon. John R. Enochs, Judge. Gardner, the appellant, was the plaintiff in the court below, and the railroad company, the appellee, was defendant there. The hardware, damage to which was sued for, was shipped to appellant at Laurel, Mississippi, from Mobile, Alabama. When the car was opened at Laurel it was found that the goods (stoves) were badly rusted, and when moved considerable quantities of water fell from them. They were not otherwise damaged. The roof of the car was defective and leaky, and it was shown that heavy rains fell on the car, between…
1Opinion of the Court 1
ON JURISDICTION.
2Opinion of the Court · WhitfieldWhitfield, C. J.
There is no bond for appeal to the circuit court, and no judgment of the justice of the peace, nothing to show that the case originated lief ore a justice of the peace. If not, the circuit court had no jurisdiction, and this court would have none. The mere statement of the stenographer that the case ‘£ had been tried by a justice of the peace and had been appealed to the circuit court” will not do. We can only dismiss the appeal. If the case was appealed to the circuit court, the bond and j udgment should appear in the record. We will re-instate the case if appellant will, by…
Also in this document: Opinion of the Court · hitfield.
3Cases cited2 opinions
- Leo v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883
- Andrews v. WallaceMississippi Supreme Court · 1894
4Cited by8 opinions
- Ball v. SledgeMississippi Supreme Court · 1903
- Rodgers v. City of HattiesburgMississippi Supreme Court · 1911
- Brasham v. StateMississippi Supreme Court · 1925
- Waits v. Black Bayou Drainage Dist.Mississippi Supreme Court · 1939
- Xydias v. PellmanMississippi Supreme Court · 1919
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