Evans v. Southern Railway Co.
Mississippi Supreme Court
From the circuit court of Tallahatchie county. J. M. Evans sued the Southern Railway Company before a justice of the peace of Tallahatchie county, claiming damages for the negligent killing of a mule by the cars of said company. The summons was returned “executed,” and, on its return day, December 2é, 1895, a judgment by default, without proof of value, was rendered by the justice of the peace in plaintiff’s favor for the full sum demanded in the suit.
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From the circuit court of Tallahatchie county. J. M. Evans sued the Southern Railway Company before a justice of the peace of Tallahatchie county, claiming damages for the negligent killing of a mule by the cars of said company. The summons was returned “executed,” and, on its return day, December 2é, 1895, a judgment by default, without proof of value, was rendered by the justice of the peace in plaintiff’s favor for the full sum demanded in the suit. The defendant petitioned for and obtained a writ of certiorari, and brought the proceedings for review into the circuit court. When the case…
1Opinion of the CourtWhitfield, J.
The court below, upon reversing the judgment, should then have proceeded to £ £ try the cause anew on its merits, ’ ’ allowing the amendments asked. We do not think it would have been proper to render a judgment by default in the circuit court, cutting the defendant off from contesting liability. Negligence was the gist of the action. Railroad Co. v. Fort, 44 Miss., 423. The statute (code 1892, §89) means that if the circuit court could see, from the record and proceedings alone, what final judgment, as an entirety, the justice should have rendered, that judgment shall be entered up by the…
2Cases cited2 opinions
- Mississippi Central R. R. v. FortMississippi Supreme Court · 1870
- Perry v. RohdeTexas Supreme Court · 1858
3Cited by2 opinions
- Beasley v. New Orleans & Northeastern RailroadMississippi Supreme Court · 1907
- Gulf & Ship Island R. v. Wells Lumber Co.Mississippi Supreme Court · 1916