Kelly v. Town of Milan
United States Circuit Court
This suit was brought to recover of the defendant an indebtedness evidenced by 144 coupons of $35 each, cut from its certain 12 bonds, together with 7 per cent, interest thereon. The defendant filed a plea oí non est factum, under oath, and a plea that plaintiffs were not bona fide holders, without notice, etc.
Read the full summary
This suit was brought to recover of the defendant an indebtedness evidenced by 144 coupons of $35 each, cut from its certain 12 bonds, together with 7 per cent, interest thereon. The defendant filed a plea oí non est factum, under oath, and a plea that plaintiffs were not bona fide holders, without notice, etc. The plaintiffs joined issue, and, under the Tennessee practice, by leave of the court, further filed a replication, to which the defendant rejoined, and plaintiffs demurred to the rejoinder. The replication, rejoinder, and demurrer are as follows: IMPLICATION. And the said plaintiff…
1Opinion of the CourtHammond, J.
When this case was first heard there had been a judgment by default against the defendant, and on motion to set it aside ■the parties stipulated that, on the agreed state of facts, the court . should determine the whole controversy, and render judgment accord*855ing to the facts and law of the case. There were no pleadings whatever except the declaration, and this anomalous condition of the record rendered it quite impossible to do what the parties wished, since there were no issues to which to apply the facts; and the rights of the parties might largely depend on the issues to be made by…
2Cases cited40 opinions
- Russell v. PlaceSupreme Court of the United States · 1877
- Christmas v. RussellSupreme Court of the United States · 1866
- Aurora City v. WestSupreme Court of the United States · 1869
- Gould v. Evansville & Crawfordsville R. Co.Supreme Court of the United States · 1876
- Durant v. Essex Co.Supreme Court of the United States · 1869
35 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Board of Com'rs v. PlattCourt of Appeals for the Eighth Circuit · 1897
- Lindsay v. AllenTennessee Supreme Court · 1904
- O'CONNELL v. Pacific Gas & Electric Co.Court of Appeals for the Ninth Circuit · 1927
- Flagg v. School District, No. 70North Dakota Supreme Court · 1894
- Hodgson v. VroomCourt of Appeals for the Second Circuit · 1920
7 more not listed; retrieve them via the Exa API.