Ramey v. Purvis
Mississippi Supreme Court
Error to the Circuit Court of Yazoo county. Hon. E. G-. Henry, judge. In this case, but one question is presented in the record. The sureties on the note sued on plead specially that they notified plaintiff, more than thirty days before the ensuing term of the court, to sue, and that he failed to do so. Plaintiff replied, that the notice was given by one of the co-sureties, for himself, and it was no discharge of the other.
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Error to the Circuit Court of Yazoo county. Hon. E. G-. Henry, judge. In this case, but one question is presented in the record. The sureties on the note sued on plead specially that they notified plaintiff, more than thirty days before the ensuing term of the court, to sue, and that he failed to do so. Plaintiff replied, that the notice was given by one of the co-sureties, for himself, and it was no discharge of the other. Defendants’ demurrer to this replication was overruled. In this, we contend, the court erred. We contend that notice by one necessarily enured to the benefit of his…
1Opinion of the CourtHandy, J.
This action was brought by the defendant in error against Ramey, Thompson, and Barnett, the makers of a promissory note, the amount of which was sought to be recovered. Thompson and Barnett pleaded, 1st, the general issue; 2d, that they signed the note as sureties for Ramey, and that one of them duly notified the plaintiff to institute suit thereon to the next term thereafter, which was more than thirty days after the service of the notice, said Ramey being then, and continuing to be, a resident of Yazoo county, and that the plaintiff failed to bring the suit as required. To the second plea,…
2Cited by1 opinion
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