Shirley v. Conway
Mississippi Supreme Court
Error to the circuit court of Yazoo county. Campbell, J. This was an action of ejectment in the circuit court of Yazoo county, filed to the November term, 1859, of said court, by the defendants in error here, against the plaintiffs in error here, to recover the following lands, to-wit: east half of north-west quarter of section 28, township 13, range 1 west, in Yazoo county. The declaration is in statutory form.
Read the full summary
Error to the circuit court of Yazoo county. Campbell, J. This was an action of ejectment in the circuit court of Yazoo county, filed to the November term, 1859, of said court, by the defendants in error here, against the plaintiffs in error here, to recover the following lands, to-wit: east half of north-west quarter of section 28, township 13, range 1 west, in Yazoo county. The declaration is in statutory form. The defendant be. low, by his attorneys, Hamer & Henderson, filed his plea of not guilty, according to the statute in such actions, to said suit. At the May term, 1868, of the said…
1Opinion of the Court
SlMRARL. J.:
1st. It has been often affirmed by this court, that it is error to take judgment final by nil dicit, whilst there is a plea in the cause, undisposed of, the action of ejectment furnishes, no exception to the rule. The third article of the statute regulating that action, prescribes the plea “ of not guilty,”' which was the plea put in by the defendant, and if there be no plea, then judgment that the plaintiff recover possession of the land, shall be rendered.
2d. The several courts have defined terms, and whilst for the most part, the court retains control over all the business…
2Cited by7 opinions
- Oliphant v. the Carthage BankMississippi Supreme Court · 1955
- McIntosh v. Munson Road MacHinery Co.Mississippi Supreme Court · 1933
- Carter v. KimbroughMississippi Supreme Court · 1920
- Ex Parte RedmondMississippi Supreme Court · 1930
- Jones v. Index Drilling Co.Mississippi Supreme Court · 1965
2 more not listed; retrieve them via the Exa API.