Bennett v. Holloway

Citations

• 55 Miss. 211

Syllabus

<p>1. New Trial. Motion continued by operation of law.</p> <p>A motion for a new trial, when not disposed of at the term of court at which it is made, is continued, by operation of law, to the next term.</p> <p>2. Replevin. What is the proper plea thereto.</p> <p>Under chapter 16 of the Code of 1871, which governs the action of replevin, “not guilty” is the only plea to such action, and any additional plea may be stricken out, on motion, or treated as a mere nullity. Section 597 of the Code, which prescribes what pleas may be joined, has no reference to the action of replevin, hut relates to those actions in which several pleas may he pleaded together.</p>