Walker v. Nelson
Mississippi Supreme Court
Erom the circuit court of, first district, Pauola county., Hon. E. 0. Holmes, Special Judge. Walker, the appellant, was plaintiff, and Nelson, executor of the last will and testament of B. H. Porter, deceased, was defendant in the court below. The suit was upon an open account for goods, wares, and merchandise sold by pl-aintiff to the testator in his lifetime.
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Erom the circuit court of, first district, Pauola county., Hon. E. 0. Holmes, Special Judge. Walker, the appellant, was plaintiff, and Nelson, executor of the last will and testament of B. H. Porter, deceased, was defendant in the court below. The suit was upon an open account for goods, wares, and merchandise sold by pl-aintiff to the testator in his lifetime. WTiile the account purported to be'probated, yet its probation was defective in the particulars mentioned in the opinion of the court. Erom a judgment in defendant’s favor the plaintiff appealed to the supreme court. The sole question…
1Opinion of the Court
Truly, J.,
delivered tbe opinion of tbe court.
Unless we intend to depart from tbe plain path marked out by previous decisions of this court, commencing with tbe McWorter case, 39 Miss., 779 (80 Am. Dec., 97), and followed until tbe present day, and expressly overrule tbe principle announced in tbe Cheairs case, 81 Miss., 662 (33 South. Rep., 414), tbe latest adjudication of this question, we are constrained to affirm tbe judgment in this case. Tbe itemized account attempted to be probated against tbe estate of tbe decedent was not “signed by tbe creditor,” nor was there any affidavit “attached…
2Cases cited2 opinions
- Cheairs' Executors v. Cheairs' AdministratorsMississippi Supreme Court · 1902
- McWhorter v. DonaldMississippi Supreme Court · 1861
3Cited by6 opinions
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- Jennings v. Lowery BerryMississippi Supreme Court · 1927
- Bankston v. First Nat. Bank & Trust Co. of VicksburgMississippi Supreme Court · 1936
- Saunders v. StephensonMississippi Supreme Court · 1909
- Bankston v. CoopwoodMississippi Supreme Court · 1911
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