Scofield v. Pensons
Mississippi Supreme Court
In error from the circuit court of Adams county; Hon. Stan-hope Posey, judge. The facts of the case are contained in the opinion. There is no rule of law requiring a plaintiff to institute distinct causes of action in one suit.
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In error from the circuit court of Adams county; Hon. Stan-hope Posey, judge. The facts of the case are contained in the opinion. There is no rule of law requiring a plaintiff to institute distinct causes of action in one suit. Phillips v. Brush, 16 Johns. 140; Grayson v. Williams, Walk. 299. If plaintiff had made an assignment of one of the notes upon which he brought suit to a third person, there is not the least doubt but that third party would have full power to sue in his own name, upon the note in the justices’ court, and the plaintiff could have sued in the samé court’upon the note he…
1Opinion of the CourtJustice EisheR
The plaintiff below, on the 13th of May, 1850, held three notes against the defendant, one for $50, one for $44, and one for $3.60. On that day he brought a suit before R. W! Wood, a justice of the peace of Adams county, on the note for the sum of $50; and on the same day another suit on the other notes before William Coffin, another justice of the peace of the same county.
Judgments having been rendered by each justice for the plain*404tiff, the defendant prosecuted an appeal to the circuit court of said county, where the court upon motion, dismissed both suits, for the want of jurisdiction in…
2Cited by2 opinions
- McLendon v. PassMississippi Supreme Court · 1888
- Pittman v. ChrismanMississippi Supreme Court · 1881