Bacon, Assignee v. Parker
Tennessee Superior Court for Law and Equity
Debt for $300. Plea in abatement, stating, that on the day of suing out the original writ, that Bacon the plaintiff, and defendant, were residents of this district ; and that it appears by credits endorsed on the obligation, the demand was reduced below the sum of $250, or 100 pounds ; wherefore the plea prays judgment whether the court will take cognizance &c. It was moved, to set aside this plea ; when Kennedy and Campbell for the plaintiff argued.
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Debt for $300. Plea in abatement, stating, that on the day of suing out the original writ, that Bacon the plaintiff, and defendant, were residents of this district ; and that it appears by credits endorsed on the obligation, the demand was reduced below the sum of $250, or 100 pounds ; wherefore the plea prays judgment whether the court will take cognizance &c. It was moved, to set aside this plea ; when Kennedy and Campbell for the plaintiff argued. That the court could not on any principle, look to the credits endorsed, making no part of the declaration ; unless the defendant had craved…
1Opinion of the Court
Debt for $300. Plea in abatement, stating that, on the day of suing out the original writ, Bacon, the plaintiff, and defendant, were residents of this district; and that it appears by credits indorsed on the obligation, the demand was reduced below the sum of $250, or £100; wherefore the plea prays judgment whether the Court will take cognizance, c.
It was moved to set aside this plea; when Kennedy and Campbell, for the plaintiff, argued that the Court could not, on any principle, look to the credits indorsed, making no part of the declaration, unless the defendant had craved oyer, and set…
2Cited by9 opinions
- Simpson v. Railway Co.Tennessee Supreme Court · 1890
- Robb v. ParkerTennessee Supreme Court · 1871
- Battelle v. Youngstown Rolling Mill Co.Tennessee Supreme Court · 1886
- Littlejohn v. FowlerTennessee Supreme Court · 1868
- Robb v. ParkerTennessee Supreme Court · 1871
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