Ligon v. Bishop
Mississippi Supreme Court
Error to the circuit court of Pike county. McNair, J. The plaintiff in error assigned the following errors : The court below erred in overruling the demurrer, and rendering j udgment by default against plaintiff in error. Tbe defendant in tbe court below assigned as a cause for demurrer, a variance between the writ of attachment and declaration.
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Error to the circuit court of Pike county. McNair, J. The plaintiff in error assigned the following errors : The court below erred in overruling the demurrer, and rendering j udgment by default against plaintiff in error. Tbe defendant in tbe court below assigned as a cause for demurrer, a variance between the writ of attachment and declaration. On inspection, it will appear that the affidavit was made by two of tbe plaintiffs in the court below; tbe bond followed the affidavit, and tbe attachment followed the affidavit and bond. Tbe declaration contained the names of two others, to-wit:…
1Opinion of the Court
Tarbell, J.:
This case comes to us upon demurrer to declaration, stating as causes of demurrer, a variance between declaration and attachment, and .that the declaration does not make profert of letters testamentary. The facts are substantially these : On the 25th day of October, 1866, “ Emily E. Bishop, executrix of the will of N. B. Raiford, deceased, and A. S. Bishop, executor of the aforesaid will, m right of his wife, the aforesaid Emily E. Bishop,” made oath before Joel J. Bullock, Esq., a justice of the peace of Pike county, “ that Wm. B. Ligón is j ustly indebted to them as executors of…
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