Trustees of Indian Springs Public School v. Carter
Mississippi Supreme Court
Appeal from circuit court of Perry county. Hon. R. S. Hall, Judge. Action in justice court by the Trustees of Indian Springs Public School against Levi Carter and another. Prom a judgment of the circuit court for defendants on appeal, plaintiffs appeal.
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Appeal from circuit court of Perry county. Hon. R. S. Hall, Judge. Action in justice court by the Trustees of Indian Springs Public School against Levi Carter and another. Prom a judgment of the circuit court for defendants on appeal, plaintiffs appeal. The defendant’s attorney ivas given and read to the jury the following instruction: “The court instructs the jury for defendant, that the plaintiff having failed to prove title to the property, or that defendant removed it, and the jury must find for defendant,”, see page 46 of record; it is unanswerable that the jury were misled by the…
1Opinion of the Court
Sam. 0. Cook, P. J.,
delivered the opinion of the court.
This case has traveled over much ground before reaching this court. Its first public appearance was staged in the court of a justice of the peace. It found its way to the circuit court, and after looking it over the learned judge .passed it to the chancery court. The chancellor, having other matters of importance on his hands, decided that the circuit judge was a bit premature in his action, and passed it back to the circuit court.
The record shows that this case was an action of trespass instituted by the trustees of the public school…
2Cited by1 opinion
- Parks v. Carriere Consol. School Dist.Court of Appeals for the Fifth Circuit · 1926