Mayfield v. Barnard
Mississippi Supreme Court
Error to the circuit court of Issaquena county. Tercer, J. The facts sufficiently appear in the opinion of the court. The plaintiffs in error assigned the following errors: 1st. The court erred in refusing to allow the defendant, J. M. Clark, to testify upon the hearing of the motion to set aside the sheriff’s return on the writ. 2d. The court erred in sustaining the plaintiff’s demurrer tortile first plea, viz : That plead by Mayfield, administrator, only. 3d.
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Error to the circuit court of Issaquena county. Tercer, J. The facts sufficiently appear in the opinion of the court. The plaintiffs in error assigned the following errors: 1st. The court erred in refusing to allow the defendant, J. M. Clark, to testify upon the hearing of the motion to set aside the sheriff’s return on the writ. 2d. The court erred in sustaining the plaintiff’s demurrer tortile first plea, viz : That plead by Mayfield, administrator, only. 3d. The court erred in sustaining the plaintiff’s demurrer to the second plea by all the defendants, setting up breach of warranty in the…
1Opinion of the Court
Peyton, C. J. :
In this case, it appears that William T. Barnard, as administrator de bonis non, with the will annexed, of the estate of R. P. Shelby, deceased, instituted suit in the circuit court of Issaquena county, against James L. Mayfield, administrator of the estate of A. H. Sanders, deceased, William Myers, and J. M. Clark, on a writing obligatory for the sum of $2,584 50, executed by said Sanders, Myers, and Clark, on the 20th day of February, 1860, and payable to 13. F. Blackburn, as executor of the last will and testament of the said R. P. Shelby.
Upon the process, the sheriff made…
2Cases cited4 opinions
- Haight v. HolleyNew York Supreme Court · 1829
- Moore v. MortonCourt of Appeals of Kentucky · 1808
- M'Cartee v. ChambersNew York Supreme Court · 1831
- Bradford v. JenkinsMississippi Supreme Court · 1867
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