Drane v. Board of Police
Mississippi Supreme Court
Error to the Circuit Court of Madison county. Hon. J. A. P. Campbell, judge. Action by defendant in error against plaintiffs in error on a promissory vote. Plea of the general issue, and two special pleas of the ^Statute of Limitations. The special pleas were demurred to, and demurrer sustained, and jury and verdict for defendant in error on the issue presented by the first plea.
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Error to the Circuit Court of Madison county. Hon. J. A. P. Campbell, judge. Action by defendant in error against plaintiffs in error on a promissory vote. Plea of the general issue, and two special pleas of the ^Statute of Limitations. The special pleas were demurred to, and demurrer sustained, and jury and verdict for defendant in error on the issue presented by the first plea. From this judgment plaintiffs in error prosecute this writ of error, and complain that the court below, upon sustaining the demurrer to the special pleas, did not render a judgment of respondeat ouster. The statute…
1Opinion of the Court
Peyton, «T.,
delivered the opinion of the court.
The President of the Board of Police of Madison County brought an action of assumpsit in the Circuit Court of said county against the plaintiffs, in. error, to which they pleaded *267the general issue, and two special pleas of the Statute of Limitations.
The defendant in error demurred to the special pleas, and the demurrer was sustained by the court, and the cause proceeded to trial upon the issue joined upon the first plea, and resulted in a judgment against the plaintiffs in error. From this judgment they prosecute this writ of error, and assign…
2Cases cited1 opinion
- Lee v. DozierMississippi Supreme Court · 1866