Peck v. Thompson
Mississippi Supreme Court
In error from the circuit court of Claiborne county; Hon. Stanhope Posey, judge. The opinion of the court contains a sufficient statement of the facts of the case.
1Opinion of the CourtJustice Fisher
This was an action of assumpsit in the circuit court of Claiborne county, by D. W. & Thomas W. Thompson, as co-partners against the plaintiff in error, as executor of William Smith, deceased. The action was founded upon an open account, for certain articles alleged to have been sold by the *368plaintiffs below to the deceased, also for the use of a certain house.
The plea of non assumpsit was filed by the defendant below, and afterwards sworn to in these words. Omitting the caption, he says, “ That the plea of non assumpsit, by him pleaded in the above entitled cause, is true in substance and'in…
2Cited by4 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- McEntyre v. First Nat. Bank of HeadlandAlabama Court of Appeals · 1937
- Castleberry v. MorganAlabama Court of Appeals · 1938
- Patterson v. MilliganAlabama Court of Appeals · 1914