Pfeifer v. Chamberlain
Mississippi Supreme Court
. ErrorTo tbe Circuit Court of Lincoln County. ' Hon. J. M. Smiley, Judge. Tbe facts of the case are sufficiently stated in tbe opinion, ■together with the substance of the pleadings, etc. Tbe substance of the errors assigned are: 1. Overruling motion to strike out special plea. 2. Excluding testimony of plaintiff. • 3. Instructions to tbe jury. 4. Overruling motion for a new trial.
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. ErrorTo tbe Circuit Court of Lincoln County. ' Hon. J. M. Smiley, Judge. Tbe facts of the case are sufficiently stated in tbe opinion, ■together with the substance of the pleadings, etc. Tbe substance of the errors assigned are: 1. Overruling motion to strike out special plea. 2. Excluding testimony of plaintiff. • 3. Instructions to tbe jury. 4. Overruling motion for a new trial. The plea of general- issue admits the partnership. 5 S. &■ M., 379 ; 6 Iiow., 376 ; 23 Miss., 367. The case to the contrary (36 Miss., 702) is based on pleading act of 1850, and is-no authority. See 12 S. &. M.,…
1Opinion of the CourtChalmers, J.
Pfeifer brought suit against Van Zandt and Clamberlain as partners. They both pleaded the general issue. Subsequently Chamberlain filed a special plea, denying the partnership under-oath, which plea plaintiff moved to strike out. The court, overruled the motion, and its action in refusing to strike out the plea is assigned for error. ' There was no error in this, as is expressly decided in Rowland v. Dalton, 36 Miss., 702. It is. true that this case was decided under the pleading'act of 1850,. but so much of the decision as relates to the question at issue was not based upon that statute, but…
2Cases cited4 opinions
- Davis v. Richardson & MayMississippi Supreme Court · 1871
- Cooper v. FriersonMississippi Supreme Court · 1873
- Pool v. HillMississippi Supreme Court · 1870
- Rowland v. DaltonMississippi Supreme Court · 1859
3Cited by3 opinions
- Adams v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1899
- Campbell v. StateMississippi Supreme Court · 1885
- State v. RialsMississippi Supreme Court · 1885