Johness Realty Co. v. Jehle Bros., Inc., 41899

• Decision Date: 06 November 1961
• Docket Number: No. 41899,41899
• Citation: 134 So.2d 145,242 Miss. 266
• Parties: JOHNESS REALTY CO., Inc. v. JEHLE BROS., INC.
• Court: Mississippi Supreme Court

Page 145

134 So.2d 145

242 Miss. 266

JOHNESS REALTY CO., Inc. v. JEHLE BROS., INC.

No. 41899.

Supreme Court of Mississippi.

Nov. 6, 1961.

Gex & Gex, Bay St. Louis, Harmon W. Broom, Jackson, for appellant.

Russell & Favre, Bay St. Louis, Floyd & Holleman, Gullport, for appellee.

McELROY, Justice.

The appellee Jehle Brothers, Inc., filed a motion to correct judgment entered June 5, 1961, alleging that the order entered by the Clerk states: '* * * do have and recover of and from the appellant Allen H. Johness, Jr.,' etc., and that the order should be amended to read: 'That the appellee Johle Brothers, Inc., do have and recover of and from the appellant Johness Realty Company, Inc.,' etc.

The motion is sustained in compliance with Section 1670, Code of 1942. The Clerk is directed to correct the judgment accordingly and to issue execution against the appellant and bondsmen according to law on a supersedeas bond and appeal bond. The appellant is taxed with all costs.

Motion to correct judgment sustained.

All Justices concur except McGEHEE, C. J., who took no part.