Brown v. Carraway

Citations

• 47 Miss. 668

Syllabus

<p>1. Supreme court — jurisdiction.—The jurisdiction of the supreme court is exclusively revisory and appellate, with incidental cognizance of a quasi original character, such as is necessary to preserve its dignity and decorum, and give complete operation to its appellate power.</p> <p>2. New trials in circuit court. — The granting of a new trial, though subject to exception and assignable for error, can not be reviewed by this court until final disposition of the whole cause; when, on appeal or writ of error, the improper granting or refusal of a new trial will be considered and reviewed.</p> <p>3. Same — At common law. — The granting of a new trial was, at common law, entirely discretionary, and error, therefore, was not predicable of the manner in which that discretion was exercised.</p>