Dalee Bros. v. Wigginton

Citations

• 111 Miss. 749
• 72 So. 149

Syllabus

<p>1. Justice oe the Peace. Prosecution of appeal. Dismissal.</p> <p>Where a claimant’s issue was tried before a justice of the peace on the 13th day of November and the claimant gave bond and appealed to the circuit court which commenced on the 17th of November, but the bond and papers in the cause were not filed in the circuit court at that term of court, and no proceedings were had by the claimant to force the justice of the peace to send same up to said term of court; a motion by plaintiff in execution at the March term of the circuit court, 1914, to dismiss the appeal was properly overruled.</p> <p>2. Appeal. Claim of third party. Evidence.</p> <p>Where judgment was obtained and execution levied on certain property in the possession of one of the defendants in execution, and claim thereto was made by a trustee under a trust deed, the exclusion of the testimony of the justice of the peace before whom the cause was tried to prove statements made by the defendant. in execution and by the claimant, and the refusal to allow plaintiff to put claimant on the stand to testify as to facts in the case, was erroneous.</p>