State v. Allen
Mississippi Supreme Court
From the circuit court of the first district of ITinds county. Judge J. B. Ciirisman being disqualified, Hon. C. IT. Campbell, judge of the fifth district, presided by consent. This is an action by the state upon the bond of Hamilton, Allen & Hoskins, lessees of the state penitentiary. This cause has been twice before this court. See Hamilton v. The State, 67 Miss., 217; Hamilton v. The State, not reported.
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From the circuit court of the first district of ITinds county. Judge J. B. Ciirisman being disqualified, Hon. C. IT. Campbell, judge of the fifth district, presided by consent. This is an action by the state upon the bond of Hamilton, Allen & Hoskins, lessees of the state penitentiary. This cause has been twice before this court. See Hamilton v. The State, 67 Miss., 217; Hamilton v. The State, not reported. The opinion of the court, read in connection with tlie previous report of the case, will sufficiently disclose the facts. It is true that the alteration of an executed instrument, whether…
1Opinion of the CourtWoods, J.
Eor the last time this cause, which involves public and private interests alike, is before us for conclusive determination, upon the decisive plea of non est factum, interposed by all the defendants yet remaining in court.
This plea, which, under the rulings of the court below, must be understood to embrace all the matter sought to be set up in the further plea of defendants, numbered 10, avers, in its essential parts, that the bond sued on is not their *513act and deed, because they say, substantially, that, under the proviso to §1, chapter 40, laws of 1880, the same being-entitled, “An act to…
2Cases cited8 opinions
- Smith v. United StatesSupreme Court of the United States · 1865
- Wilmingiton & Weldon Railroad v. KitchinSupreme Court of North Carolina · 1884
- Parker v. FoyMississippi Supreme Court · 1870
- Crane v. ReederMichigan Supreme Court · 1874
- Dickerman v. MinerSupreme Court of Iowa · 1876
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3Cited by4 opinions
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