Lee v. Caswell

Citations

• 92 Miss. 357
• 45 So. 980

Syllabus

<p>Practice. Replevin. Parties.</p> <p>When in a justice’s court the defendant in replevin had been sued by mistake, and, without objection by plaintiff or the entry of a default against the defendant, an issue between the plaintiff and a claimant was made up and tried, the fact that there was no contest by defendant, who was not a party to plaintiff’s appeal from a judgment in favor of the claimant, affords no reason for disturbing a verdict in favor of the claimant in the circuit court — ■ the real controversy being between her and the plaintiff.</p>