Field v. Weir
Mississippi Supreme Court
In error from the circuit court of Lowndes county; Hon. F. M. Rogers, judge. The declaration first filed in this case contains three counts; the first and third are special, and the second upon an account stated. At April term, 1845, the defendant below plead the general issue, and second, the plea of former recovery. ‘ To the plea of former recovery the plaintiff replied, “ Nal tiel record.”
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In error from the circuit court of Lowndes county; Hon. F. M. Rogers, judge. The declaration first filed in this case contains three counts; the first and third are special, and the second upon an account stated. At April term, 1845, the defendant below plead the general issue, and second, the plea of former recovery. ‘ To the plea of former recovery the plaintiff replied, “ Nal tiel record.” At Optober term, 1846, the plaintiffs filed an amendment to their declaration, adding thereto three new counts. To the declaration as amended, the defendant pleaded another plea, former recovery to the…
1Opinion of the CourtChief Justice Smith
The writ of error in this case was sued out to reverse a judgment rendered in the circuit court of Lowndes county, against the plaintiffs in error, and in favor of the defendants. Several exceptions were taken to the judgment. We shall notice first those which arise out of the pleadings in the cause.
The declaration, which contained three counts, was filed in the April term of the court, in 1845. The defendant pleaded, 1. The general issue; and 2. A plea of former recovery. Issue was joined on the first plea. The plaintiffs replied to the plea of former recovery “ in short,” by consent, that “…
2Cited by11 opinions
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- Sammis v. Wightman ex rel. MarcherSupreme Court of Florida · 1893
- Eckford v. HoganMississippi Supreme Court · 1870
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