Winner v. Williams
Mississippi Supreme Court
From the circuit court of Lauderdale county. Hon. Guión Q. Hall, Judge. This was an action of replevin for a boiler and originated in the court of a justice of the peace, the appellee, Williams, being plaintiff, and the appellants, Winner and others, doing business under the name of “Winner & Meyer,” defendants.
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From the circuit court of Lauderdale county. Hon. Guión Q. Hall, Judge. This was an action of replevin for a boiler and originated in the court of a justice of the peace, the appellee, Williams, being plaintiff, and the appellants, Winner and others, doing business under the name of “Winner & Meyer,” defendants. From a judgment in favor of defendants plaintiff appealed to the circuit court, where the defendants moved to dismiss the appeal because the appeal bond was not filed within five days after the judgment was rendered by the justice of the peace. On the trial of this motion the…
1Opinion of the Court
Truly, J.,
delivered, the opinion of the court,
The finding of the circuit judge on the disputed question of fact on the hearing of the motion to dismiss the appeal from the justice of the peace court will not be disturbed. The approval of the justice of the peace indorsed on the appeal bond showed that it had been filed in due time. The fact that he did not write his approval on the paper until after the expiration of the five days allotted by law does not alter the legal status. If, as the circuit judge decided, the bond was tendered the justice of the peace in due time, the names of its…
2Cases cited3 opinions
- Robinson v. MhoonMississippi Supreme Court · 1891
- Swain v. GilderMississippi Supreme Court · 1884
- McMath v. M. Levy & SonsMississippi Supreme Court · 1896
3Cited by9 opinions
- Redus v. GambleMississippi Supreme Court · 1904
- Worley v. EasleyWest Virginia Supreme Court · 1941
- Underwood Typewriter Co. v. TaylorMississippi Supreme Court · 1909
- Campbell v. McCormick Motorcar Co.Mississippi Supreme Court · 1927
- Campbell v. McCormick Motorcar Co.Mississippi Supreme Court · 1927
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