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84 Miss. 200

Wise v. Thread

Mississippi Supreme Court

Decided March 15, 1904

Mississippi Supreme Court · decided 1904-03-15

From the circuit court of, second district, Coahoma county. Hon. Samuel C. Cook, Judge. Thread, the appellee, was plaintiff in the court below; Wise, the appellant, was defendant there. Thread brought suit against Wise before the mayor' of Jonestown, in Coahoma county, and obtained a judgment. This judgment was never satisfied. Wise afterwards removed to justice district No. 3 of said county.

Cited by 1 later decisions — most recently July 2001

1 state decisions

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Decided 1904-03-15

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Truly, J.,

¶1delivered the opinion of the court.

¶2This action is based on a domestic judgment, and, being in amount within the jurisdiction of a justice of the peace, was properly brought in the district where the defendant resided. §§ 2395, 2737, Code 1892. The position assumed by counsel for appellant, that, because this was a suit to renew a judgment, jurisdiction was vested exclusively in the court in which the judgment was originally rendered, is unsound.

¶3*204The certified copy of the judgment roll was properly admitted in evidence. Ch. 101, p. 108, Acts 1896. Judgments rendered by justices of the peace may be enrolled in any county in this state upon compliance with § 2413, Code 1892. The testimony amply supports the finding of the trial judge, that this suit was instituted within seven years next after the rendition of the judgment on which it is founded.

¶4Affirmed.

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