Duncan v. Board of Supervisors
Mississippi Supreme Court
Appeal from the Circuit Court of Scott County. HoN. A. G., Mayers, Judge. In 1883 the board of supervisors of Scott County instituted this suit before a justice of the peace of that county against J. M. Duncan, M. S. Gilmer, and Charles Gilmer on a joint and several promissory note executed by them in 1877. The action was begun by filing a copy of the note sued on with the justice of the peace and causing the issuance of a summons to the defendants.
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Appeal from the Circuit Court of Scott County. HoN. A. G., Mayers, Judge. In 1883 the board of supervisors of Scott County instituted this suit before a justice of the peace of that county against J. M. Duncan, M. S. Gilmer, and Charles Gilmer on a joint and several promissory note executed by them in 1877. The action was begun by filing a copy of the note sued on with the justice of the peace and causing the issuance of a summons to the defendants. J. M. Duncan, one of the defendants, appeared and filed the following motion: “Said defendant, J. M. Duncan, comes by his attorney and moves the…
1Opinion of the CourtArnold, J.
It was not necessary that the original note should have been lodged with the justice of the peace before process issued. A copy was sufficient. Code, § 2196. If the motion in the circuit court to dismiss because the original note was not filed before process issued was not overruled, it should have been. If it were necessary to have filed the original note in the circuit court befóle judgment was taken thereon, we must presume, in the absence of a bill of exceptions showing the contrary, that it was done.
The failure to make disposition of the case as to the other defendants before judgment…
2Cited by1 opinion
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