Grand Lodge Colored Knights of Pythias v. Barlow

Citations

• 108 Miss. 663
• 67 So. 152

Syllabus

<p>Appeal and Error Judgment reviewable. Judgment by confession.</p> <p>Where a judgment is rendered pursuant to a peremptory instruction granted at the request of counsel for both plaintiff and defendant, such a judgment is a judgment by confession, and under Code 1906, section 33, cannot be appealed from, although the peremptory instruction was assented to by the defendant, solely because he was unable to secure the presence of witnesses.</p>