Taylor & Myers v. Conner
Mississippi Supreme Court
Error to tbe Circuit Court of Harrison county. Hon. Wm. M. Hancock, judge. Taylor and Myers brought their action to recover the price of a quantity of lumber sold to one McCaughn, as the agent of J. R. Conner. The suit was commenced by attachment, which was levied on a schooner, the property of the defendant, who replevied the 'property and pleaded “ non assumpsit ” to the declaration.
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Error to tbe Circuit Court of Harrison county. Hon. Wm. M. Hancock, judge. Taylor and Myers brought their action to recover the price of a quantity of lumber sold to one McCaughn, as the agent of J. R. Conner. The suit was commenced by attachment, which was levied on a schooner, the property of the defendant, who replevied the 'property and pleaded “ non assumpsit ” to the declaration. With the plea of non assumpsit was filed a notice of certain special matters that would be introduced as evidence on the trial. George McCaughn testified: That the account sued was correct ; that he purchased…
1Opinion of the CourtShackelford, C. J.
An attachment was sued out by the plaintiffs in error to the Harrison Circuit Court upon the following account:
“J. R. Conner,
1866. To Taylor & Myers, Dr.
Jan. 29. For 13,848 ft. W. B. @ $30 $415 44
“ 2,928 ft. flooring and scant’g. 81 97
$497 41.”
Declaration, and plea, of general issue — verdict and judgment for defendant in error.
The case is brought into this court, by writ of error for revisal.
The first assignment of error is,that the court refused itostruetions asked by the plaintiffs which were plainly required by the law and the evidence.”
The plaintiffs in error asked the court to give to…
2Cases cited4 opinions
- Stackpole v. ArnoldMassachusetts Supreme Judicial Court · 1814
- Manufacturers' & Mechanics' Bank v. GoreMassachusetts Supreme Judicial Court · 1818
- Bank of Pennsylvania v. ReedSupreme Court of Pennsylvania · 1841
- Van Rensselaer v. MorrisNew York Court of Chancery · 1828
3Cited by6 opinions
- Johnston v. Milwaukee & Wyoming Investment Co.Nebraska Supreme Court · 1896
- Guion v. DohertyMississippi Supreme Court · 1871
- Citizens' Bank v. KretschmarMississippi Supreme Court · 1907
- Huckabee v. Pullman Co.District Court, S.D. Georgia · 1925
- Partee v. BedfordMississippi Supreme Court · 1875
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