Hudson v. Nalty

Mississippi Supreme Court
Hudson v. Nalty, 55 Miss. 582 (Miss. 1878)
Campbell

Hudson v. Nalty

Opinion of the Court

Campbell, J.,

delivered the opinion of the Court.

The reversal of the judgment of the justice of the peace did not discharge the obligation of the bond for certiorari, which is conditioned to pay such judgment as the Circuit Court should render against the principal; and it did render judgment against the principal and surety on the bond, according to law. Code, secs. 1332, 1334, 1336:

The judgment setting aside the judgment against the principal and surety on the certiorari bond is reversed, and the judgment against both is reinstated and established as it was before it was set aside.

Reference

Full Case Name
Henderson Hudson v. Martin Nalty
Cited By
1 case
Status
Published
Syllabus
Certiorari. Judgment in circuit court. The surety on a bond for'certiorari upon the judgment of a justice of the peace is not discharged bj' a reversal and the granting of a new trial in the Circuit Court; and if, upon the new trial, judgment is rendered in that court against the principal, it should also be against the surety on such bond.