Montgomery v. Hanover National Bank
Mississippi Supreme Court
From the circuit court of Washington county. Hon. Frane A. Montgomery, Judge. The Hanover National Bank, appellee, was plaintiff in the court below; Montgomery, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court.
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From the circuit court of Washington county. Hon. Frane A. Montgomery, Judge. The Hanover National Bank, appellee, was plaintiff in the court below; Montgomery, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court. The plaintiff’s declaration alleged that on December 12, 1892, it recovered a judgment against Montgomery, the defendant, for the sum of $600, with eight per centum interest, in the circuit court of Washington county, Mississippi, said judgment being rendered in case No. 8210 on the docket of said court, “as will fully appear…
1Opinion of the CourtWhitfield, C. J.
Since the change in our statute law made by §§ 676, 677, code 1892, making the evidence of indebtedness filed as an exhibit with the declaration a part of the record for all purposes of the action, the cases of Potter v. Prescott, 2 How., 686, and Geren v. Wright, 8 Smed. & M., 361, are inapplicable. The ad damnum clause in the declaration will be controlled by the note, and the court will fix the amount of the judgment by it in a case of conflict between them, in cases .like the present. Hamer v. Rigby, 65 Miss., 44 (3 So. Rep., 137); Insurance Co. v. Holmes, 75 Miss., 401 (23 So. Rep.,…
2Cases cited9 opinions
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- American Freehold Land Mortgage Co. v. McManusSupreme Court of Arkansas · 1900
- House v. Gumble & Co.Mississippi Supreme Court · 1900
- Kennedy v. YoungSupreme Court of Alabama · 1854
- Georgia Home Insurance v. HolmesMississippi Supreme Court · 1897
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