Legal Opinion

Sherman v. City of Grenada

Mississippi Supreme Court

Decided October 15, 1875PublishedCited by 2 opinions

Error to the Circuit Court of Grenada County. Hon. A. Davis, Judge. The opinion of the court contains a minute statement of all the material facts presented by the record in this case.

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Error to the Circuit Court of Grenada County. Hon. A. Davis, Judge. The opinion of the court contains a minute statement of all the material facts presented by the record in this case. The following errors are assigned: 1. The court erred in holding that a municipal corporation proper cannot be made liable in an action sounding in tort for tbe trespass committed by its officers and agents. 2. Tbe court erred in refusing to set aside the judgment and grant a new trial in said cause. Insisted on the liability of defendant in error for the damages, cited and commented upon the following…

1Opinion of the CourtTarbell, J.

The plaintiff in error sued the city of Grenada before a justice of the peace in a plea of trespass for the recovery of damages to *188real estate. Summons was executed upon the mayor; the declaration alleged damages to the amount of $150; issue was joined, and trial had without objection to the jurisdiction of the magistrate. Judgment was rendered for the plaintiff before the justice, when the defendant appealed to the circuit court, where a jury was waived, and the judge found for defendant. A motion for a new trial was overruled, and thereupon a writ of error was prosecuted. The facts are…

2Cases cited5 opinions

  1. Sheldon v. Village of KalamazooMichigan Supreme Court · 1872
  2. Lamar v. WilliamsMississippi Supreme Court · 1860
  3. Judge v. City of MeridenSupreme Court of Connecticut · 1871
  4. Methodist Episcopal Church South v. Mayor of VicksrurgMississippi Supreme Court · 1874
  5. Crane v. BedwellMississippi Supreme Court · 1853

3Cited by2 opinions

  1. Langley v. City CouncilSupreme Court of Georgia · 1903
  2. Chandler v. City of Bay St. LouisMississippi Supreme Court · 1879

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