Goodbar, White & Co. v. Owen

Citations

• 70 Miss. 840

Syllabus

<p>3. Justice Court. Trial. Notice to defendant. Emergency. Code 1880, § 2194.</p> <p>Under § 2194, code 1880, when the plaintiff or defendant in a justice court is a non-resident or transient person, and it is made to appear by affidavit that a delay of the trial until the regular term would be of material injury, the justice may have the parties summoned to appear at any . “ reasonable time,” to be named by him, and give judgment.</p> <p>2. Same. Jurisdiction. Appeal. Trial de novo. Code 1880, § 2354.</p> <p>What is a reasonable time is a question for the decision of the justice. Service of the writ gives him jurisdiction of the defendant, and, where he has jurisdiction of the subject, and the defendant appeals, the circuit •court cannot dismiss the case on the ground that reasonable notice was not' given. In such case, under § 2354, code 1880, the case will be tried anew on its merits in the circuit court, in order to challenge the decision of the justice on questions of law only, the remedy is by certiorari.</p> <p>3. Appeal. Jurisdiction. Dismissal. Code 1880, ? 2354.</p> <p>Under \\ 2354, code 1880, it is only where the justice has no jurisdiction, and not where he makes an erroneous decision within his jurisdiction, that the case is to be dismissed by the circuit court on appeal.</p>