French v. Davis
Mississippi Supreme Court
Error to the Circuit Court of Franklin county. Hon. Stanhope Posey, judge. On the 1st day of December, 1856, Davis sued French as administrator, on two notes of his intestate, both due 1st January, 1850. The conclusion of the complaint, after averring the refusal to pay the money, proceeds as follows: “ To the plaintiff, damage two hundred dollars. Wherefore he prays judgment for the amount of said notes and interest,” &c.
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Error to the Circuit Court of Franklin county. Hon. Stanhope Posey, judge. On the 1st day of December, 1856, Davis sued French as administrator, on two notes of his intestate, both due 1st January, 1850. The conclusion of the complaint, after averring the refusal to pay the money, proceeds as follows: “ To the plaintiff, damage two hundred dollars. Wherefore he prays judgment for the amount of said notes and interest,” &c. The defendant pleaded a general denial, and relied on the Statute of Limitations. On the trial, the plaintiff read the notes, and an order of the Probate Court, showing…
1Opinion of the CourtHakdy, J.
The defendant in error brought this action against the plaintiff in error, on two promissory notes of his intestate, each due on the 1st January, 1850. The defendant below filed an answer of gene*224ral denial, and on tbe trial relied on the Statute of Limitations of six years as a defence, the action having been instituted on the 1st December, 1856. The verdict and judgment being for the plaintiff, the defendant brings the case here, upon exceptions taken to the rulings of the court upon the trial.
The first error assigned is, that the amount of the judgment exceeds the damages claimed in the…
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