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ROBINSON v. BRISCOE

No. 49232.

326 So.2d 796 (1976)

Sam T. ROBINSON v. Wayne BRISCOE.

Supreme Court of Mississippi.

February 17, 1976.

Attorney(s) appearing for the Case

Solomon Osborne, John E. Jackson, Jr., Oxford, for appellant.

Fant, Crutcher, Moore & Spencer, Holly Springs, for appellee.

PATTERSON, Presiding Justice:

This is an appeal from the Circuit Court of Marshall County which sustained a plea in bar of the appellee, Wayne Briscoe, and dismissed the case against him. The court found the appellant, Sam T. Robinson, had not complied with the requirements of Mississippi Code Annotated section 23-3-45 (1972) wherein "the contestant shall have the right forthwith to file with the circuit court ... a sworn copy of his said protest or complaint, together...

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