Haise v. Lorch
This text of 47 Miss. 685 (Haise v. Lorch) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is a writ of error prosecuted from an order of the circuit court of Hinds county, granting a new trial.
A writ of error lies only from a final order or decree, except in cases specially authorized by statute. Higginbottom v. Shall, 3 S. & M. 588 ; Terry v. Robbins, 5 ib. 291 ; Stebbins v. Neles, 13 ib. 307 ; Delworth v. Fooshee, 34 Miss. 288.
Hence a writ of error will not lie where exceptions are taken to a judgment granting a new trial, until after a new trial has been had and a final judgment rendered. Bank of Lexington v. Taylor, 2 S. & M. 27 ; Terry v. Robbins, 5 ib. 291.
The writ of error, having been improperly sued out in this case, must be dismissed.
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47 Miss. 685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haise-v-lorch-miss-1873.