When any suit brought before a justice of the peace shall be finally decided on its merits by the justice, it shall be a bar to a recovery for the same cause of action or setoff in any other suit.
Codes, Hutchinson's 1848, ch. 50, art. 2 (15); 1857, ch. 58, art. 19; 1871, § 1316; 1880, § 2213; 1892, § 2417; 1906, § 2746; Hemingway's 1917, § 2245; 1930, § 2094; 1942, § 1828.
Notes of Decisions
Moore v. Jackson Pub. Sch. Dist., No. 3:18-cv-00817 (S.D. Miss. May 12, 2020).
“” Miss. Code Ann. § 11-9-137 . However, since an “appeal actually consists of a trial de novo,” the justice court judgment that was appealed is no longer considered final for the purposes of res judicata or collateral estoppel.”
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