Whitfield v. Whitfield
Mississippi Supreme Court
Error to the circuit court of Monroe county. Bradford, J. The facts of that case sufficiently appear in the opinion of the court. The plaintiff in error assigned for error as follows: 1st. The court erred in sustaining the demurrer of defendant in error to the 2d, 3rd, éth, and 5th pleas of plaintiff in error, and in not extending the demurrer back to the declaration, which is bad for not describing the property with sufficient certainty. 2d.
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Error to the circuit court of Monroe county. Bradford, J. The facts of that case sufficiently appear in the opinion of the court. The plaintiff in error assigned for error as follows: 1st. The court erred in sustaining the demurrer of defendant in error to the 2d, 3rd, éth, and 5th pleas of plaintiff in error, and in not extending the demurrer back to the declaration, which is bad for not describing the property with sufficient certainty. 2d. The court erred in allowing the testimony of defendant in error, who was the widow of Needham A. Whitfield, and who was suing for the property as his…
1Opinion of the Court
Tabbell, J".:
This is an action of detinue, brought by defendant in error in the circuit court of Monroe county, in 1863, to recover a quantity of personal property, together with damages for the detention. This property consisted of slaves, mules, horses, oxen, wagons, cattle and hogs.
The defendant pleaded the general issue, and at the November term, 1864, of the circuit court, the plaintiff recovered a judgment, which was reversed on error in 1866. 40 Miss., 352.
Subsequently, on leave, the defendant filed several additional pleas, setting up the emancipation of slaves, by the federal and…
2Cases cited19 opinions
- Whitfield v. WhitfieldMississippi Supreme Court · 1866
- Dozier v. JoyceSupreme Court of Alabama · 1838
- Cummings v. McCulloughSupreme Court of Alabama · 1843
- Carrel v. EarlyCourt of Appeals of Kentucky · 1815
- O'Shea v. TwohigTexas Supreme Court · 1852
14 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- McGinnis v. SavageWest Virginia Supreme Court · 1887
- Mars v. HendonMississippi Supreme Court · 1937
- Three States Lumber Co. v. BlanksCourt of Appeals for the Sixth Circuit · 1904
- George v. HewlettMississippi Supreme Court · 1892
- Saffold v. HorneMississippi Supreme Court · 1894
2 more not listed; retrieve them via the Exa API.