Green v. Boon
Mississippi Supreme Court
Euros to the Circuit Court of Chickasaw County. Hon. J. A. GreeN, Judge. Pending the motion, which the Circuit Court sustained, to dismiss the appeal of the plaintiff in error, he offered to introduce the magistrate to amend the affidavit for appeal, in accordance with the facts, by affixing the date and his signature. The officer’s negligence should not affect the rights of a person who did not contribute thereto, but did all in his power to perfect the appeal.
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Euros to the Circuit Court of Chickasaw County. Hon. J. A. GreeN, Judge. Pending the motion, which the Circuit Court sustained, to dismiss the appeal of the plaintiff in error, he offered to introduce the magistrate to amend the affidavit for appeal, in accordance with the facts, by affixing the date and his signature. The officer’s negligence should not affect the rights of a person who did not contribute thereto, but did all in his power to perfect the appeal. The absence of the magistrate’s signature and the date renders the affidavit void, and incapable of amendment. Acts 1876, p. 114, §…
1Opinion of the CourtCampbell, J.
The Circuit Court should have permitted the amendment of the affidavit for the appeal, and, for refusing it, the judgment is Beversed and cause remanded.
2Cited by5 opinions
- Henry v. StateMississippi Supreme Court · 1963
- Kirk v. StateMississippi Supreme Court · 1954
- Love v. DakinMississippi Supreme Court · 1927
- Atwood v. StateMississippi Supreme Court · 1927
- Boisseau & Martenez v. KahnMississippi Supreme Court · 1885