Brody v. Doherty
Mississippi Supreme Court
IN error to the Circuit Court of Tallahatchie county. Hon. Wm. L. Harris, judge. ¡ On the 24th day of April, 1854, the defendant in error, as administrator of one James Doherty, deceased, sued the plaintiff in error, upon a bill single for $750, due on the first day of November, A. D. 1842, and recovered judgment in said court for the full amount of said bill and interest.
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IN error to the Circuit Court of Tallahatchie county. Hon. Wm. L. Harris, judge. ¡ On the 24th day of April, 1854, the defendant in error, as administrator of one James Doherty, deceased, sued the plaintiff in error, upon a bill single for $750, due on the first day of November, A. D. 1842, and recovered judgment in said court for the full amount of said bill and interest. A motion for a new trial was made, but overruled; to which a bill of exceptions was taken, and a writ of error sued out to this court. The pleading and evidence are set out in the opinion of the court. It is only necessary…
1Opinion of the Court
HaNDY, J.,
delivered tbe opinion of tbe court.
This was an action brought by tbe defendant in error against tbe plaintiff, to recover tbe amount of a bill single executed by tbe latter, and payable to tbe intestate of tbe defendant in error.
Tbe defendant below pleaded tbe Statute of Limitations of • seven years; to which tbe plaintiff replied an acknowledgment by tbe defendant that tbe debt was due and unpaid, and a promise to pay it, within seven years before the institution of the suit,' and upon this issue tbe case was tried.
In support of tbe issue on tbe part of tbe plaintiff, a witness was…
2Cases cited1 opinion
- Adams v. Torry's ExecutorsMississippi Supreme Court · 1853
3Cited by2 opinions
- Stephenson v. Louisiana Oil Refining Co.Mississippi Supreme Court · 1938
- Norris v. WittigWisconsin Supreme Court · 1942