Legal Opinion

Abraham v. Levy

Court of Appeals for the Fifth Circuit

Decided January 28, 1896No. 441PublishedCited by 3 opinions

In Error to the Circuit Court of the United States for the ^Northern District of Mississippi. “Declaration. “In the United States Circuit Court for the Eastern Division of the Northern District of Mississippi. To the October Term, 189-1. “J. H. Levy, Plaintiff, vs. S. Abraham, Defendant.

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In Error to the Circuit Court of the United States for the ^Northern District of Mississippi. “Declaration. “In the United States Circuit Court for the Eastern Division of the Northern District of Mississippi. To the October Term, 189-1. “J. H. Levy, Plaintiff, vs. S. Abraham, Defendant. “The plaintiff, J. H. Levy, a citizen of the state of Louisiana, complains of S. Abraham, defendant, a citizen of the Eastern division of the Northern district of Mississippi, of a plea of trespass on the ease upon promises, for that whereas heretofore, to wit, on the 7th day of December, 1891, the said S.…

1Opinion of the CourtPardee, Circuit Judge

(after stating the facts). The first assignment of error is that “the court erred in overruling the demurrer of the defendant to the plaintiffs declaration.” The demurrer specifies six grounds. The first, third, and the last amount to no more than the proposition that the declaration does not state any cause of action; the second and fourth are to the effect that the defendant is impeded and hindered in his defense by the vague and indefinite character of the declaration; and the fifth objects to the prayer for interest.

Section 671 of the Annotated Code of Mississippi, relating to pleading…

2Cases cited3 opinions

  1. Bond v. DustinSupreme Court of the United States · 1884
  2. Germania Fire Insurance v. FrancisMississippi Supreme Court · 1876
  3. J. T. Moore & Co. v. HoskinsMississippi Supreme Court · 1889

3Cited by3 opinions

  1. Ewert v. ThompsonCourt of Appeals for the Eighth Circuit · 1922
  2. Ford v. GrimmettCourt of Appeals for the Fifth Circuit · 1922
  3. Meade v. ScribnerArizona Supreme Court · 1906

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