State v. Rials
Mississippi Supreme Court
The statement of the facts in this case are found in the opinion. ■ Appealed from Circuit Court, Copiah county, T. J. Wharton, Judge.
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The statement of the facts in this case are found in the opinion. ■ Appealed from Circuit Court, Copiah county, T. J. Wharton, Judge. Brief of Joe Purser: The pleas in this case were filed without leave of court, and the motion of plaintiff to strike them out should have been sustained by the court. * * * This court, in Pool v. Hill, 44 Miss. 306, construed section 1703, Eevised Code of 1880, and the court held “ the rule or otherwise ” referred to in said section did not extend beyond the term. It is perfectly plain from this that before defendants conld be allowed to file their plea at a…
1Opinion of the Court 1
Opinion.
2Opinion of the Court · ArnoldArnold, J.
This was a suit against Dials and his sureties on a retail liquor bond. The breach of the bond, alleged in the declaration, was that Dials had sold and given away vinous and spirituous liquors *304to a certain minor contrary to law. At the term of the court to which the writ was made returnable, the death of Rials was sug- . gested and the cause continued with leave to revive in the name of his personal representative when known. At the next term of the court, the sureties on the bond filed two pleas, and a motion was made to strike them out and for judgment for the plaintiffs on the…
3Cases cited1 opinion
- Pfeifer v. ChamberlainMississippi Supreme Court · 1876