Legal Opinion

Montague v. King

Mississippi Supreme Court

Decided October 15, 1859PublishedCited by 4 opinions

ERROR to the Circuit Court of Lauderdale county. Hon. W. M. Hancock, judge. Cited 2 Greenl. Ev. § 166 ; Rev. Code, 508, 509, arts. 180,182; Penton v. Stephens, 32 Miss. R. 194.

1Opinion of the CourtHandy, J.

This action was instituted by attachment, in the name of the defendant in error, against the plaintiff in error, as a debtor about to *442remove from this State. The affidavit states, that it was founded on a promissory note for five hundred dollars, made by the plaintiff in error to one Gaddis, which the affidavit states was then the property of the defendant in error.

The declaration first filed claims as holder of the note,' and that the payee “indorsed the same to the plaintiff.” When the cause was first tried, a judgment was rendered upon this declai’ation, for the 'plaintiff; which being-…

2Cases cited1 opinion

  1. Denton v. StephensMississippi Supreme Court · 1856

3Cited by4 opinions

  1. Hamburg v. Liverpool & London & Globe InsuranceSupreme Court of Florida · 1900
  2. Hume v. KellyOregon Supreme Court · 1896
  3. Tully v. HerrinMississippi Supreme Court · 1870
  4. Jones v. R. L. Clemmer & SonMississippi Supreme Court · 1910

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