Roberts v. Weiler
Mississippi Supreme Court
Error to the Circuit Court of Monroe County. Hon. B. B. BooNe, Judge. A sufficient statement of this case will be found in the-opinion of the court. The assignment of error is as follows : ‘ ‘ The court below erred in sustaining the motion to dismiss the appeal from the .justice of the peace.” The only question presented is the dismissing the cause by the circuit court.
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Error to the Circuit Court of Monroe County. Hon. B. B. BooNe, Judge. A sufficient statement of this case will be found in the-opinion of the court. The assignment of error is as follows : ‘ ‘ The court below erred in sustaining the motion to dismiss the appeal from the .justice of the peace.” The only question presented is the dismissing the cause by the circuit court. We will consider the several grounds upon which the motion was predicated: 1. Because there was no suffi cient affidavit for appeal. There was an application demanding an appeal, then an affidavit, which is in accordance with…
1Opinion of the CourtChalmers, J.
The only question demanding consideration is, whether the" circuit court acted properly in sustaining the motion to dismiss the appeal from the justice’s court, upon the ground that said appeal had been prosecuted by one of three defendants against whom a joint judgment had been rendered in the magistrate’s court.
Undoubtedly the motion to dismiss was properly sustained,. if appeals from justices’ courts are to be assimilated, in all respects, to those prosecuted from the circuit court to the supreme court. The authorities on this subject, previously somewhat conflicting, are reviewed in…
2Cases cited1 opinion
- Whitworth v. CarterMississippi Supreme Court · 1868