Evans v. Southern Railway Co.

Citations

• 74 Miss. 230

Syllabus

<p>1. Cektiobabi. Justice of the peace. Practice. Code 1892, $ 89.</p> <p>Under § 89, code 1892, upon certiorari from the judgment of a justice of the peace, the circuit court, finding error in the record, should award a trial de novo, unless it he apparent of record what final judgment, as an entirety, the justice’s court should have rendered.</p> <p>2. Same. Value of property not appearing.</p> <p>In such case, the justice’s record showing a judgment for the plaintiff hy default in an action of trespass to property, and not showing- the value of the property, upon reversal, a trial de novo should have heen awarded.</p> <p>3. Same. Process. Amendment of return:</p> <p>In such case, the return of the officer upon a summons may he amended in the circuit court after reversal of the justice’s judgment.</p>