Prewitt v. Bennett
Mississippi Supreme Court
EekoR from the circuit court of Choctaw county; Hon. Hend-ley S. Bennett, judge. This was an action of assumpsit, brought to the September term, 1844, of the circuit court of Choctaw county, by Mi-cajah Bennett and Josiah Bennett, as executors of Stephen Bennett, deceased, for the use of Duncan S. Morris, against John Prewitt; founded on a promissory note for five hundred and ninety-two dollars, dated July 27th, 1819, and payable one day after date.
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EekoR from the circuit court of Choctaw county; Hon. Hend-ley S. Bennett, judge. This was an action of assumpsit, brought to the September term, 1844, of the circuit court of Choctaw county, by Mi-cajah Bennett and Josiah Bennett, as executors of Stephen Bennett, deceased, for the use of Duncan S. Morris, against John Prewitt; founded on a promissory note for five hundred and ninety-two dollars, dated July 27th, 1819, and payable one day after date. At the return term, the defendant filed five pleas. 1st. That Morris, the usee, was not the legal holder of the note sued on; 2d. That Micajah…
1Opinion of the CourtJustice Thachee
Writ of error to Choctaw county circuit court. The plaintiff in error filed a plea to the action, the object of which plea was to call in question the character in which the plaintiffs below instituted their suit, and to require proof of such character. This plea was not verified by oath or affirmation. At a stage of the trial below, the plaintiff in error moved the circuit court for judgment, because of the want of a replication to this plea ; but that court overruled the motion, and directed the plea to be stricken out as a nullity. This action of the court is claimed as error.
By our…
2Cases cited1 opinion
- Pickens v. HarperMississippi Chancery Courts · 1842