Olive v. Lewis
Mississippi Supreme Court
Error to tbe circuit court of Attala county. Cmsrsrmaham, J. Tbe detailed statement of tbe facts of tbis case in tbe opinion leaves nothing to be added. 1. Insisted tlia-t the demurrer should have been sustained. The plea was manifestly bad. It is technically a plea of accord and satisfaction. At most it sets up accord, but does not allege satisfaction. 2 Pars, on Con. 681-683. It does not allege that McAdory ever paid plaintiff in error.
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Error to tbe circuit court of Attala county. Cmsrsrmaham, J. Tbe detailed statement of tbe facts of tbis case in tbe opinion leaves nothing to be added. 1. Insisted tlia-t the demurrer should have been sustained. The plea was manifestly bad. It is technically a plea of accord and satisfaction. At most it sets up accord, but does not allege satisfaction. 2 Pars, on Con. 681-683. It does not allege that McAdory ever paid plaintiff in error. The plea fails to allege that McAdory’s promise was in writing, or was of such a character as plaintiff in error could enforce. It was void under the…
1Opinion of the Court
Tabbell, J.:
F. Y. Olive having recovered a judgment against James Sweatt, in the circuit court of Attala county, in 1859, and the defendant having since died, the plaintiff proceeded by seire facias to revive the judgment against James M. Lewis, the administrator of deceased. The administrator pleaded “that the said judgment ought not to be revived against him and for special plea in this behalf says, that after the rendition of said judgment, and in the life, time of said decedent, to wit: on the — day of-1860, James *205McAdory, being indebted to the said James Sweatt, deceased, agreed and…
2Cases cited1 opinion
- Erwin v. . Neversink Steamboat CompanyNew York Court of Appeals · 1882
3Cited by1 opinion
- Carter v. KimbroughMississippi Supreme Court · 1920