Stewart v. Petitt

Citations

• 94 Miss. 769
• 48 So. 5

Syllabus

<p>1. Justice of the Peace. Suit before. When begun.</p> <p>An action is not begun before a justice of the peace until the issuance of a summons therein, although a statement of the cause of action had been previously filed, where plaintiff requested the justice not to issue summons thereon at once.</p> <p>2. Same. Code 1906, §§ 687, 728.</p> <p>Code 1906, § 728, providing that the filing of a declaration in the circuit court shall be the commencement of an action if a summons shall he issued thereon for defendant, if extended to justices’ courts by Code 1906, § 687, has no application where the plaintiff directed a postponement of the issuance of a summons.</p>