Hyde v. Finley
Mississippi Supreme Court
In error from the circuit court of Jasper county; Hon. A. B. Dawson, judge. This was an action instituted in the circuit court of Jasper county, at the April term, 1846, by the defendant in error, Peter Finley, as president of the board of police of Perry county, against Jesse Hyde, on a promissory note given in the year 1837, for the sum of $400, payable twelve months after date, with various credits indorsed on it, for interest from the- year 1838 up to 1843. The defendant…
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In error from the circuit court of Jasper county; Hon. A. B. Dawson, judge. This was an action instituted in the circuit court of Jasper county, at the April term, 1846, by the defendant in error, Peter Finley, as president of the board of police of Perry county, against Jesse Hyde, on a promissory note given in the year 1837, for the sum of $400, payable twelve months after date, with various credits indorsed on it, for interest from the- year 1838 up to 1843. The defendant (Hyde) pleaded the general issue, payment, and the statute of limitations of six years. On which pleas, issues were…
1Opinion of the CourtJustice Handy
The errors assigned in this case are, that the first and second instructions asked in behalf of the defendant below were improperly refused.
The first instruction so refused, had reference to the effect of a partial payment as taking the case out of the operation of the statute of limitations. This instruction, as it appears copied into the transcript of the record, is unintelligible; but from what we can conjecture as to what it really was, as asked in the court below, it was irrelevant to the case under the state of evidence. The evidence showed a positive promise of the defendant, in the…
2Cited by5 opinions
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