Weddell v. Seal

Citations

• 45 Miss. 726

Syllabus

<p>1. Chancery — jurisdiction — will not relieve where party might' have had relief at law by asking it.— Where an appeal from the judgment of a justice of the peace was dismissed by the circuit court, on the motion of the plaintiff in the judgment: Held, that a court of chancery would not relieve the defendant in the judgment from the consequences of the dismissal of his appeal, as the power of the circuit court was ample to have relieved him, and it did not appear that he had invoked it in the matter com plained of.</p> <p>■ 2. Circuit court — practice on appeals prom justices.—In case of appeal from a justice’s court, the circuit court is possessed of ample power to protect against any apparent irregularity in the appeal, by allowing the justice to amend his return, according to the facts; and where a motion is made to dismiss for an irregularity, which may be relieved against by an amendment, the party interested should apply for leave to have the justice amend his return according to the facts, failing in which, he will not be heard to invoke the aid of chancery.</p> <p>3. Same — same—amendments. — The power to aUow amendments in such cases should be liberally exercised.</p> <p>4 Same — same—irregularity in appidavit. —The mere omission, in an affidavit for an appeal from the judgment of a justice of the peace, of the date of the affidavit is of minor importance, if in fact the affidavit was made and filed in proper time; and, if the appeal is otherwise proper, the omission of the date of the affidavit does not show it was not made and filed in time. The circuit court would, as a matter of course, permit an amendment at any time, by the justice, so as to show the true date.</p>