Still v. Anderson

Citations

• 63 Miss. 545

Syllabus

<p>AppeaXi. Affirmance on appeal of defendant. Subsequent appeal of plaintiff. Plea in bar. Supreme court practice.</p> <p>A plaintiff obtained judgment in a circuit court in an action of ejectment. The jury failed to assess the value of the rents. The plaintiff moved for a writ of inquiry, and his motion was overruled. The defendant afterward appealed to this court. The plaintiff took no cross-appeal. The court affirmed the judgment. The plaintiff then appealed from the judgment of the court overruling his motion for a writ of inquiry. The defendant (appellee here) plead in bar of this appeal the former appeal and judgment thereon. Held, that the appeal is not maintainable. The judgment of the court below having been affirmed at the instance of the present appellant, he cannot now assail it for an alleged error existing at the time the former appeal was taken.</p>