Boone v. McJunkin

Mississippi Supreme Court
Boone v. McJunkin, 63 Miss. 559 (Miss. 1886)
Cooper

Boone v. McJunkin

Opinion of the Court

Cooper, C. J.,

delivered the opinion of the court.

We 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.

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

Reference

Full Case Name
G. W. Boone v. A. D. McJunkin
Status
Published
Syllabus
Supreme Court Practice. 4s to fact arising after rendition of judgment. This court cannot reverse the judgment of an inferior court for any fact arising after the rendition of such judgment.