Warren v. Frank Gardner Hardware & Supply Co.

Mississippi Supreme Court October 15, 1909

Warren v. Frank Gardner Hardware & Supply Co., 96 Miss. 284 (Miss. 1909)

51 So. 129

Mayes

Opinion of the Court

Mayes, J.,

delivered tbe opinion of tbe court.

While we are reluctant to interfere with tbe discretion of tbe trial court, yet it is our judgment tbat a new trial should have been allowed in this case, and tbe appellant taxed with all tbe costs accruing up to tbe date of tbe application therefore. We think justice demanded tbat this be done in this case, and tbe appellant given an opportunity to present bis defense to tbe suit instituted against bim.

This being our view, tbe case is reversed and remanded.

Reversed.

Reference

Full Case Name: Jay Dee Warren v. Frank Gardner Hardware and Supply Company
Cited By: 1 case
Status: Published
Syllabus: 'New Trial. Grounds. Absence of party. Where a- ease was tried on an early day of a special term of court and the defendant, a material witness in his own behalf, was absent because of an honest mistake causing him to believe that the case would not he tried until a later day of the term, a judgment against him should he vacated, in the discretion of the court at his costs, and a new trial granted, on seasonable application and presentation of the facts made during the same term, supported by a proper showing of a good defense.