Unknown County MsArchives Court.....Adams, Mr 1839
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Deb Haines ddhaines@gmail.com December 8, 2005, 9:12 pm

Source: Reports Of Cases Argued And Determined In The High Court Of Errors And Appeals Of The State Of Mississippi
Written: 1839

Adams et al. v. Munson et al.

page 77

Errors must be assigned within the time prescribed by the rule, or the cause 
will be dismissed on motion.

A general assignment of errors, not pointing out any particular error, is not 
a sufficient assignment.

Under a rule of court, cases brought up for delay only, will be dismissed on 
suggestion of counsel in writing.

MOTION to dismiss this and other causes for want of assignment of errors, and 
on suggestion that the same were brought up for delay.

Yerger, for the motion in this case.
Hayes, contra.

Mr. Justice TROTTER delivered the opinion of the court.

This cause, and the eighteen others which precede it in the above enumeration, 
were submitted to the court as delay cases on the suggestion in writing of the 
counsel for the defendants in error. We have carefully inspected the record, 
in each of the several cases embraced in this list, and are of the opinion 
that in each of them the suggestion is true. In several of the cases there has 
been no assignment of errors, in some only a general assignment, not pointing 
out any cause of objection to the judgment below.

We do not esteem such an assignment to be a compliance with the rule of this 
court on that subject. But if the same had been regular, we are satisfied, 
upon a full examination of the proceedings in the court below, that there is 
no error in the judgment. The judgment of the court below in each of the cases 
above set down, must, therefore, be affirmed with costs and damages.


Source: Reports of Cases Argued and Determined in the High Court of Errors and 
Appeals of the State of Mississippi, by Volney E. Howard, Reporter to the 
State; Vol. III; Containing the Cases for December Term, 1838, and January 
Term, 1839. NEW ORLEANS: E. JOHNS & CO., STATIONERS’ HALL, 1839.

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