Stamps v. Gilman & Co.
Mississippi Supreme Court
Error to the circuit court of Claiborne county. Smiley, J. Tbe plaintiff in error assigned the following errors: 1st. There is error in the judgment of the circuit court sustaining the demurrer of the defendants to the first avowry filed by the plaintiff. 2d. There was error in the order of the circuit court striking out the avowry and the special pleas in the case, and ordering the case to be tried on the general issue of not guilty alone. 3d.
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Error to the circuit court of Claiborne county. Smiley, J. Tbe plaintiff in error assigned the following errors: 1st. There is error in the judgment of the circuit court sustaining the demurrer of the defendants to the first avowry filed by the plaintiff. 2d. There was error in the order of the circuit court striking out the avowry and the special pleas in the case, and ordering the case to be tried on the general issue of not guilty alone. 3d. There is error in the charges to the jury, given by the court at the request of the plaintiffs in the court below, and in the refusal of the court to…
1Opinion of the Court
Simrall, J.:
On the 21st day of April, 1866, Eli Lilly executed to J. M. Gilman & Oo., a mortgage to secure a promissory note for $3,821 42, payable the 1st October thereafter. The consideration of this indebtedness was supplies furnished by J. M. Gilman & Oo. to Lilly, to conduct a plantation and make a a crop thereon. The plantation had been leased from Yolney Stamps. On the 22d day of October, A. D. 1866, Stamps sued out a distress warrant, or attachment for rent, against Lilly, on allegation that Lilly was indebted to him $2,000 for rent, to fall due 1st January, 1867, and that Lilly will…
2Cases cited3 opinions
- Thoms v. SouthardCourt of Appeals of Kentucky · 1834
- Clifford v. BeemsSupreme Court of Pennsylvania · 1834
- Cobb v. TuftsCourt of Appeals of Texas · 1884
3Cited by7 opinions
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- First National Bank v. WilburSupreme Court of Colorado · 1891
- Richardson v. McLaurinMississippi Supreme Court · 1891
- Conwell v. LowranceSupreme Court of Kansas · 1891
- Bank of Hattiesburg v. CarterCourt of Appeals for the Fifth Circuit · 1916
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