Wilson v. Town of Handsboro
Mississippi Supreme Court
Erom tbe circuit court of Harrison county. Hon. William H. Hardy, Judge. Wilson, appellant, ivas convicted in tbe municipal court of Handsboro of violating an ordinance of tbe town, appealed to tbe circuit court and there demurred to the affidavit, charging, or purporting to charge tbe offense. His demurrer was overruled.
Read the full summary
Erom tbe circuit court of Harrison county. Hon. William H. Hardy, Judge. Wilson, appellant, ivas convicted in tbe municipal court of Handsboro of violating an ordinance of tbe town, appealed to tbe circuit court and there demurred to the affidavit, charging, or purporting to charge tbe offense. His demurrer was overruled. Afterwards tbe circuit court dismissed bis appeal and awarded a writ of procedendo to tbe municipal court, without calling him or giving him opportunity to defend. He appealed to tbe supreme court from tbe judgment of dismissal.
1Opinion of the Court
Mayes, J.,
delivered tbe opinion of tbe court.'
Tbe question of whether or not tbe court bad tbe power to correct a former judgment overruling tbe demurrer, and in *377lien thereof enter a judgment sustaining same, is in no way involved in this appeal. The action of the court on that question is not brought in review by the appeal, since no appeal was ever prosecuted therefrom. The judgment appealed from is the judgment dismissing the case, with a writ of procedendo to the mayor’s court. Before the court had the power to dismiss, and order the writ of procedendo to issue, it was necessary that…
2Cited by6 opinions
- Pool v. StateMississippi Supreme Court · 1936
- Raspberry v. City of AberdeenCourt of Appeals of Mississippi · 2007
- Ingram v. StateMississippi Supreme Court · 1924
- McCoy v. StateMississippi Supreme Court · 1974
- Turner v. StateMississippi Supreme Court · 1937
1 more not listed; retrieve them via the Exa API.