Wessinger v. Mausur & Tibbetts Implement Co.

Citations

• 75 Miss. 64

Syllabus

<p>1. Attachments. Change of venue. Laws 1892, ch. 93, p. 362.' Coahoma county districts.</p> <p>Under tlie act dividing Coahoma county into two circuit court districts (Laws 1892, p. 363), an attachment suit, instituted before the passag-e of the act, could be rightfully transferred to the second district for trial.</p> <p>2. Same. One county to another. Jv/risdiction.</p> <p>An attachment suit, by consent of the parties, may be transferred by change of venue from the circuit court of one county to that of another. Wilson v. Rodewald, 49 Miss., 506, overruled.</p> <p>3. Peacticb. Waiver of jury. Decision of facts by judge. Agreement as to weight of finding.</p> <p>If the parties waive a jury and submit a question of fact to the judge, the supreme court will attach the same weight to the finding of the judge which would be given to the verdict of a jury; and will not be bound by an agreement of counsel that weight should not be so given.</p> <p>4. Pleading. Uncertainty. Recoupment. Damages.</p> <p>A plea, by way of recoupment, which is so vague as to furnish no data on which to ascertain damages, is demurrable. Andre v. Morrow, 65 Miss., 315, distinguished.</p>