Andrews v. Wallace
Mississippi Supreme Court
From the circuit court of Sunflower county. HoN. R. W. WilliamsoN, Judge. The case is stated in the opinion. This case is supposed to have originated before a justice of the peace, but there is nothing in the record to show that fact. The circuit court was without jurisdiction, and erred in proceeding to trial and judgment.
1Opinion of the CourtWhitfield, J.
The fifteen assignments of error are without merit, save the first. That seeks a reversal, on the ground that the circuit court had no jurisdiction 'of the case, which was an appeal, as we suppose, from a court of a justice of the peace. There is no judgment of the justice of the peace in this record — no copy of the record and proceedings before him; no paper of any kind showing that the case was ever before a justice of the peace except one, and that paper is the declaration in the case, which, sworn to before the justice of the peace, was after-wards filed in the circuit court. We cannot…
2Cited by4 opinions
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