Kingkendall v. Perry
Mississippi Supreme Court
In error from the circuit court of Panola county; Hon. Hugh R. Miller, judge. This was an action instituted in the circuit court of Panola county, by Pearce W. Perry, administrator de bonis non of the goods, chattels, rights, and credits which were of Simon Perry, deceased, against Jadob Kingkendall, James H. Dyson, and John Rayburn, to recover the amount (less credits) due on a writing obligatory, in these words: “ Oct. 7th, 1850. “ $786. Twelve months after date we or…
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In error from the circuit court of Panola county; Hon. Hugh R. Miller, judge. This was an action instituted in the circuit court of Panola county, by Pearce W. Perry, administrator de bonis non of the goods, chattels, rights, and credits which were of Simon Perry, deceased, against Jadob Kingkendall, James H. Dyson, and John Rayburn, to recover the amount (less credits) due on a writing obligatory, in these words: “ Oct. 7th, 1850. “ $786. Twelve months after date we or either of us promise to pay P. W. Perry, administrator of Simon Perry, deceased, or order, seven hundred and eighty-six…
1Opinion of the CourtJustice Yerger
This was an action of debt upon a bond. The defendants' craved oyer, and demurred because of a variance between the bond described in the declaration and that set out on oyer. The variance is said to consist in this, to wit: The plaintiff sues as administrator de bonis non, Ace., of Simon Perry, deceased, and avers that the defendants executed their bond “ payable to him as administrator as aforesaid, by name of P. W. Perry or.*230order;” whereas the bond read on oyer is payable “to P. W. Perry, administrator of Simon Perry, deceased, or order.”
As the declaration does not pretend to set out the…
2Cited by1 opinion
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