Lee v. Gardiner
Mississippi Supreme Court
In error from the circuit court of JefFersou county; Hon. Stanhope Posey, judge. In April, 1836, Christopher Dart and William Gardiner, as merchants and copartners, trading under the name of Dart & Co., for the use of Christopher Dart, sued Charles S. Lee, in the Claiborne circuit court. Lee appeared, and pleaded to the suit. In December, 1836, Lee’s death was suggested.
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In error from the circuit court of JefFersou county; Hon. Stanhope Posey, judge. In April, 1836, Christopher Dart and William Gardiner, as merchants and copartners, trading under the name of Dart & Co., for the use of Christopher Dart, sued Charles S. Lee, in the Claiborne circuit court. Lee appeared, and pleaded to the suit. In December, 1836, Lee’s death was suggested. In July, 1837, scire facias issued, and was served on Ann Lee, as administratrix of Charles S. Lee, deceased. . In November, 1837, Ann Lee, as administratrix of Charles S. Lee, deceased, appeared to the scire facias, and…
1Opinion of the CourtJustice Handy
This is an action of debt brought by the defendant in error against the plaintiff in error, founded on a judgment against her as administratrix of Charles S. Lee, deceased, and seeking to recover for a devastavit committed by her. Several questions of great importance and no inconsiderable difficulty have been presented in very able arguments by the counsel for the respective parties. These questions will be noticed in the order in which they have been presented in behalf of the plaintiff in error.
The first objection is raised by demurrer to the declaration, and it is insisted that the action…
2Cases cited2 opinions
- Smith v. KernochenSupreme Court of the United States · 1849
- Brashear v. MasonSupreme Court of the United States · 1848
3Cited by22 opinions
- Root v. McFerrinMississippi Supreme Court · 1859
- Sage v. FinneyMissouri Court of Appeals · 1911
- Gift v. LoveMississippi Supreme Court · 1932
- Hovely v. HerrickWisconsin Supreme Court · 1913
- Pass v. McRea, Coffman & Co.Mississippi Supreme Court · 1858
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