| Miss. | Oct 15, 1892

Campbell, C. J.,

delivered the opinion of the court.

The judgment in this case must be reversed, because it was rendered when there was a plea undisposed of which is a full answer to the declaration. Section 1433 of the code of 1880 applies to criminal cases only. Its citation in Duncan v. Supervisors, 64 Miss., 38" date_filed="1886-10-15" court="Miss." case_name="Duncan v. Board of Supervisors">64 Miss., 38, was an inadvertence. No statute authorizes a" judgment in the state of case shown by this record, and such a statute would be intolerable.

Reversed and remanded.

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