Tittle v. Bonner
Mississippi Supreme Court
Error to the Circuit Court of Clay County. Hon. J. Á. Orr, Judge. 1. The demurrer to Tittle’s second plea should have been overruled, The plea was good. Want of consideration is a very short plea. Matlock v. Livingston, 9 S. & M. 504 ; Taylor v. McNairy, 42 Miss. 276 ; ,Dean v. McKinstry, 2 S. & M. 213 ; Price v. Sinclair, 5 S. & M. 254. 2. The demurrer is a general one to the second, third, fourth, and fifth pleas of Tittle.
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Error to the Circuit Court of Clay County. Hon. J. Á. Orr, Judge. 1. The demurrer to Tittle’s second plea should have been overruled, The plea was good. Want of consideration is a very short plea. Matlock v. Livingston, 9 S. & M. 504 ; Taylor v. McNairy, 42 Miss. 276 ; ,Dean v. McKinstry, 2 S. & M. 213 ; Price v. Sinclair, 5 S. & M. 254. 2. The demurrer is a general one to the second, third, fourth, and fifth pleas of Tittle. The court overruled the demurrer as to the fourth plea, the only one to which a special cause was assigned; and this in effect overruled it entirely, for a demurrer…
1Opinion of the CourtCampbell, J.
Bonner brought an action of assumpsit on a bill of exchange against Howell, as drawer, and. Tittle, as acceptor. At the appearance term HoAvell pleaded non assumpsit, and a special plea, averring that said bill of exchange was, to a large extent, for usurious and compound interest. The plaintiff demurred to this special plea. The record does not show any formal disposition of the demurrer, but at the next term of the court a plea was filed by HoAvell, apparently as a substitute for the plea demurred to. The record does not show any leave of court to file this plea at the second term, but it…
2Cases cited10 opinions
- Christmas v. RussellSupreme Court of the United States · 1866
- Herndon v. HendersonMississippi Supreme Court · 1868
- Hanks v. NealMississippi Supreme Court · 1870
- Shirley v. FearneMississippi Supreme Court · 1857
- Hardin v. PelanMississippi Supreme Court · 1866
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3Cited by12 opinions
- Bessler Movable Stairway Co. v. Bank of LeakesvilleMississippi Supreme Court · 1925
- Alliance Trust Co. v. Nettleton Hardwood Co.Mississippi Supreme Court · 1896
- Carter v. CollinsMississippi Supreme Court · 1928
- Saenger Amusement Co. v. MurrayMississippi Supreme Court · 1922
- Grayson v. BrooksMississippi Supreme Court · 1886
7 more not listed; retrieve them via the Exa API.