Ralph v. Prester
Mississippi Supreme Court
ON appeal from the circuit court of Wilkinson county; Hon. Stanhope Posey, judge. The facts may be found in the opinion of the court, and the points made by counsel.
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ON appeal from the circuit court of Wilkinson county; Hon. Stanhope Posey, judge. The facts may be found in the opinion of the court, and the points made by counsel. This was a motion made in the circuit court of Wilkinson county by Ralph, plaintiff in error, for judgment on the verdict of a jury, which motion was overruled and dismissed, because there was not in the opinion of the court sufficient notice to the defendants below, and brought to this court by Ralph by writ of error. The facts are all set out in a bill of exceptions, and are in substance: — That Ralph brought his suit in the…
1Opinion of the CourtJustice HaNdy
The record in this case shows the following state of facts: —
In March, 1845, the plaintiff in error instituted an action of assumpsit against the defendants on a promissory note; and on the 4th December, 1845, the case having then come on for trial, a verdict was returned by the jury for the plaintiff for the sum of $4,800.73, but no judgment was rendered on the verdict. The case passed from the docket, and remained in this condition until the 6th December, 1852, on which day the plaintiff’s attorney caused notice to be served on the defendant, Saunders, and on the 8th day of the same month…
2Cited by4 opinions
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