Shirley v. Fearne
Mississippi Supreme Court
In error from the Circuit Court of Warren county. Hon. John I. Guión, judge. In October, A. D. 1852, James Shirley and Adeline Shirley, his wife, and their three minor children, Frederick Shirley, Alice Shirley, and Robert D. Shirley, brought an action of trover against James Fagan, George Fearne, and Patrick Magee, for an alleged conversion by the defendants of a certain slave, named Hannah, “ the personal property of said plaintiffs, Adeline, Frederick, Alice, and Robert,…
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In error from the Circuit Court of Warren county. Hon. John I. Guión, judge. In October, A. D. 1852, James Shirley and Adeline Shirley, his wife, and their three minor children, Frederick Shirley, Alice Shirley, and Robert D. Shirley, brought an action of trover against James Fagan, George Fearne, and Patrick Magee, for an alleged conversion by the defendants of a certain slave, named Hannah, “ the personal property of said plaintiffs, Adeline, Frederick, Alice, and Robert, the right of the said Adeline being separate and apart from her said husband.” The defendants pleaded first, not guilty;…
1Opinion of the CourtHandy, J.
This case comes up upon several bills of exception taken to the *664rulings of the court below upon questions of evidence raised on the trial.
Before we proceed to consider these questions, it is necessary to dispose of a preliminary ground of error, insisted on in behalf of the appellants.
It is objected that the record does not show that the plaintiffs’ demurrer to the original answer of the defendant, was disposed of; and that it was error to proceed to the trial of the case, upon the issues of fact, without a decision upon the demurrer.
It appears by the record, that the original answer was…
2Cases cited1 opinion
- Mandeville v. StockettMississippi Supreme Court · 1854
3Cited by6 opinions
- Haines v. WestTexas Supreme Court · 1907
- Tittle v. BonnerMississippi Supreme Court · 1876
- Edmonston v. CarterSupreme Court of Missouri · 1904
- Lewis v. StateMississippi Supreme Court · 1929
- Shows v. StateMississippi Supreme Court · 1912
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