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· 3/15/1902

McInnis v. Greaves

Citations

  • 80 Miss. 632

Syllabus

<p>1. Judgments. Suits on. Conformity of new loitli old.</p> <p>It is beyond the power of a court, in a suit on a domestic judgment, to change its nature; the new judgment must be the same in kind as the old one.</p> <p>2. Same. Certiorari to correct error. Bond. Sureties. Costs.</p> <p>Upon certiorari from a justice’s court to the circuit court to correct an error on the face of a judgment, the remedy invoked is a proceeding merely to secure its correction, and, when secured, there is no liability on the sureties on the certiorari bond, nor is the judgment debtor liable for the costs accruing.</p>

Judges: Whitfield

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