Joslin v. Caughlin
Mississippi Supreme Court
In error from the circuit court of Lafayette county; Hon. Hugh R. Miller, judge. A sufficient statement of the facts of the case will be found in the opinion of the court, and the points made by counsel.
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In error from the circuit court of Lafayette county; Hon. Hugh R. Miller, judge. A sufficient statement of the facts of the case will be found in the opinion of the court, and the points made by counsel. The appellant assigns the following causes of error: — 1. The overruling the demurrer to the plea of failure of consideration. 2. Because the court below ought to have granted a continuance of the case, to give the appellant time to file rejoinders to appellees’ pleas. 3. Because the court below had no authority to instruct the counsel for appellees to put the case to the jury, after the…
1Opinion of the Court
Mr. Chief-Justice. Smith
delivered the opinion of the court.
This was an action brought in the circuit court of La Fay-ette county, by the executor of John Joslin, deceased, on a sealed note, made payable to him as such executor.
The defence set up was a failure of consideration in the note. It was alleged in the answer to the complaint, 1st. That the note in suit was given for a certain slave, which was sold at an administration sale by the executor, and purchased by the defendant Caughlin. That the slave thus sold, and which was the sole consideration of the note, was bequeathed, with several…
2Cited by8 opinions
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