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63 Miss. 559

Boone v. McJunkin

Mississippi Supreme Court

Decided April 15, 1886

Mississippi Supreme Court · decided 1886-04-15

Hon. J. W. Buchanan, Judge. G. W. Boone, the trustee in a deed of trust given by A. D. McJunkin in favor of one G. W. Cole, a merchant, took possession of certain property belonging to McJunkin ; thereupon McJunkin sued out a writ of replevin to recover the property.

Decided 1886-04-15

Cooper, C. J.,

¶1delivered the opinion of the court.

¶2We know of neither an authority nor a principle upon which we can try on appeal the existence of a fact which has arisen since the judgment in the court below, or upon which the alleged fact, if now found to be true, would warrant a reversal of a judgment right when it was rendered. This court can only reverse a case erroneously determined by the inferior court; a judgment right when rendered is not subject to reversal .because of any fact arising after its rendition, and which, if it had existed at the time, would have produced a different result.

¶3The errors assigned on the action of the court below are not maintained, and the judgment is affirmed.

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