Morrison v. Gaillard
Mississippi Supreme Court
In error from the circuit court of Tippah county; Eton. Hugh R. Miller, judge. Suit was instituted at the March term, 1852, of the circuit court of Tippah county, by J. A. Gaillard against Henry F. Morrison and others, upon their joint writing obligatory, dated the 16th of January, A. D. 1851, and due twelve months after date, fdr $170.97 1-2 cents, to the said Gaillard.
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In error from the circuit court of Tippah county; Eton. Hugh R. Miller, judge. Suit was instituted at the March term, 1852, of the circuit court of Tippah county, by J. A. Gaillard against Henry F. Morrison and others, upon their joint writing obligatory, dated the 16th of January, A. D. 1851, and due twelve months after date, fdr $170.97 1-2 cents, to the said Gaillard. The defendants pleaded in abatement, that the writ had not been served on them five days before the first day of the term of the court to which it was returnable. To which plea the plaintiff by attorney demurred, and the…
1Opinion of the CourtJustice Fisher
The defendants in the court below plead in abatement of the ■writ, which was executed on the 25th day of February, 1852, and returnable on the 1st day of March following, that it was *197not executed five days before the return day. The plaintiffs’ counsel demurred to the plea, and the court sustained the demurrer. The only question presented on this part of the case is, whether the day of the service of the writ must be included in the computation of the time. This point has been recently adjudicated by this court, and decided that the day of service must be included and the return day excluded.…
2Cited by3 opinions
- Mississippi Cent. R. v. AultmanMississippi Supreme Court · 1935
- Wilson v. BeauchampMississippi Supreme Court · 1870
- Lewis v. BlackMississippi Supreme Court · 1854