Solomon v. Tupelo Compress Co.

Mississippi Supreme Court March 15, 1893

Solomon v. Tupelo Compress Co., 70 Miss. 822 (Miss. 1893)

Campbell

Opinion of the Court

Campbell, C. J.,

delivered the opinion of the court.

If it be held that Solomon appeared and pleaded, no other *825question need be considered. That the plea put in must be held an appearance for Solomon we have no doubt. If judgment by default had been given against Solomon, and he had appealed from that, it would certainly be held that the judgment was wrong.

Affirmed.

Reference

Full Case Name: J. S. Solomon v. Tupelo Compress Co.
Cited By: 2 cases
Status: Published
Syllabus: Appeabaptce. Form of plea. Effect. Judgment. Where an appellant claims that a plea (which is someAvhat ambiguous in form) was intended only as an appearance for a co-defendant, if the plea as filed would have been sufficient to prevent a judgment by default against appellant, it will be treated as an appearance for him, and a • judgment for plaintiff based thereon Avill be sustained.