White v. Shumate

Citations

• 50 Miss. 130

Syllabus

<p>1. Appeal from: Justice’s Court — Affidavit. — The omission of the word “ delay ” in an affidavit for appeal, sued out within the time prescribed by statute, canpot defeat the object and purpose of the appeal, which is, in the language of the affidavit, that justice may be done.</p> <p>3. Same — Amendment thereof. — Where an affidavit for an appeal does not substantially comply with the statute — the court upon application should allow the party to amend it, provided the application to amend is made within a reasonable time.</p>