Adams v. Carter
Mississippi Supreme Court
From tbe circuit court of Sunflower county. Eon. Sydney M. Smith, Judge. PLEA IN BAR OE THE APPEAL. Adams, state revenue agent, appellant, was plaintiff in tbe •court below; Carter and others, appellees, were defendants there. From a judgment in plaintiff’s favor for only a part of bis demand be appealed to tbe supreme court.
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From tbe circuit court of Sunflower county. Eon. Sydney M. Smith, Judge. PLEA IN BAR OE THE APPEAL. Adams, state revenue agent, appellant, was plaintiff in tbe •court below; Carter and others, appellees, were defendants there. From a judgment in plaintiff’s favor for only a part of bis demand be appealed to tbe supreme court. After tbe disallowance of appellees’ motion to dismiss tbe appeal (see the case next before this one in this volume), they pleaded in bar of the appeal the fact that the appellant had caused an execution- to be issued on the judgment and had accepted payment thereof.…
1Opinion of the CourtWhitfield, C. J.
The appellant sued the appellees and recovered a judgment for $8,228 for default in the payment over of the taxes collected by the administrator’s intestate. The appellees ' pleaded the general issue, denying any liability whatever. There was, consequently, no admission of any kind in the pleadings in the case that anything whatever was due the plaintiff. It is true, that looking to the agreed statement of facts, and looking to the correspondence between the attorneys, made an exhibit, and also looking to the course of the trial, especially the evidence intro*589duced, there does not seem to have…
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