Ross, Strong & Co. v. Sims
Mississippi Supreme Court
In error from the circuit court of Holmes county; Hon. Robert C. Perry, judge. The facts of the case are contained in the opinion of the court. I. The court erred in sustaining the demurrer of defendant to the replication of plaintiffs to the third plea of defendant. 2. The court erred in giving final judgment upon sustaining the demurrer to plaintiff’s said replication. . The judgment should have been respondeat ouster.
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In error from the circuit court of Holmes county; Hon. Robert C. Perry, judge. The facts of the case are contained in the opinion of the court. I. The court erred in sustaining the demurrer of defendant to the replication of plaintiffs to the third plea of defendant. 2. The court erred in giving final judgment upon sustaining the demurrer to plaintiff’s said replication. . The judgment should have been respondeat ouster. For the first error assigned, the court is referred to Hutch. Co. p. 827, § 14. Two of the plaintiffs here are the same as in the former suit, and the note the very same one…
1Opinion of the CourtJustice Handy
William Ross, Thomas Strong, and John W. D. Ross, partners under the firm of Ross, Strong & Co., suing for the use of James N. Hart, sued the defendant on a promissory note, made payable to that firm. The case turned below upon the plea of the statute of limitations, to which the plaintiff replied, that a suit was brought in the same circuit court upon the same note in the name of the nominal plaintiffs Ross and Strong, joined with the name of William Hart, which suit was for the benefit of James N. Hart, the usee in this suit, and that judgment was rendered in that suit for the plaintiff,…
2Cited by3 opinions
- Midland Oil Co. v. MooreCourt of Appeals for the Eighth Circuit · 1924
- Scharff v. LissoMississippi Supreme Court · 1885
- Memphis & Charleston Railroad v. OrrMississippi Supreme Court · 1876