Guion v. Doherty
Mississippi Supreme Court
Error to the circuit court of Yazoo county. Campbell, J. The plaintiff in error assigned the following errors: 1st. The court erred in sustaining defendant’s demurrer to plaintiff’s second, third, fourth, and fifth pleas. 2d. The court erred in allowing defendant to join issue on fourth and fifth pleas of plaintiffs, after and pending the judgment of the court sustaining defendant’s demurrer thereto. ■3d.
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Error to the circuit court of Yazoo county. Campbell, J. The plaintiff in error assigned the following errors: 1st. The court erred in sustaining defendant’s demurrer to plaintiff’s second, third, fourth, and fifth pleas. 2d. The court erred in allowing defendant to join issue on fourth and fifth pleas of plaintiffs, after and pending the judgment of the court sustaining defendant’s demurrer thereto. ■3d. The court erred in not extending defendant’s demurrer to plaintiff’s second, third, fourth, and fifth pleas, back to defendant’s declaration, the said suit being upon accounts closed by the…
1Opinion of the Court
Simrall, J.:
Patrick M. Doherty, survivor of the mercantile copartnership of P. O’Donnell & Co., sued John O. Guión and Mary, his wife, in assumpsit. The object of the suit was to reach the separate property of the wife, and subject it to the indebtment to the plaintiff. The declaration contains several counts:
1st. On a promissory note made by John O. Guión; given, as averred, for sundry necessaries for the benefit of the family, and separate estate of the wife. 2d. On an account stated. 3d. For plantation and family supplies, sold and delivered. 4th. For similar supplies furnished in 1863.
Plea…
2Cases cited3 opinions
- Tobey v. BarberNew York Supreme Court · 1809
- Johnson v. WeedNew York Supreme Court · 1812
- Taylor & Myers v. ConnerMississippi Supreme Court · 1868
3Cited by13 opinions
- Wadlington v. CovertMississippi Supreme Court · 1875
- Parham v. StithMississippi Supreme Court · 1879
- Buckingham v. WalkerMississippi Supreme Court · 1873
- Clopton v. MathenyMississippi Supreme Court · 1873
- Cook v. LigonMississippi Supreme Court · 1877
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