Dufour v. Chapotel

Citations

• 75 Miss. 656

Syllabus

<p>1. Jurisdiction. Circuit court. Appeal from justice of the peace.</p> <p>On appeal from a judgment of a justice of the peace, rendered without service of summons or appearance of defendant, the circuit court has no other ’jurisdiction, than the justice of the peace had, the appellant’s appearance in the circuit court conferring no original jurisdiction on that court.</p> <p>2. Supreme Court. Appellate practice. Agency. Undisclosed principal. Election.</p> <p>If two persons be jointly sued, and make no such defense in the court below, and a joint judgment is rendered against them, neither can complain in the supreme court that the evidence shows one to have been the agent of the other — an undisclosed principal —in the making of the contract upon which the suit is based, the plaintiff having failed to elect which one should be held. A mere question of pleading, as misjoinder, cannot be raised in the supreme court for the first time.</p> <p>3. Same. Evidence. Offer of compromise. Objection withdrawn.</p> <p>Evidence of an offer of compromise, although made before suit brought, is not admissible; but, if objection be withdrawn, error cannot be predicated of its admission by the court below.</p>