Hanks v. Neal
Mississippi Supreme Court
Error to the circuit court of Carroll county. - CothRAN, J. The plaintiffs in error assign the following errors: 1st. The court erred in sustaining the demurrer of defendants in error to the second plea. 2d. The court erred in refusing each and all of the instructions asked by plaintiff in error. 3d. The court erred in granting the instructions asked by the defendants in error. 4th. • The court erred in overruling the motion for a new trial. 5th.
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Error to the circuit court of Carroll county. - CothRAN, J. The plaintiffs in error assign the following errors: 1st. The court erred in sustaining the demurrer of defendants in error to the second plea. 2d. The court erred in refusing each and all of the instructions asked by plaintiff in error. 3d. The court erred in granting the instructions asked by the defendants in error. 4th. • The court erred in overruling the motion for a new trial. 5th. The court erred in not extending the demurrer back to the declaration, and in not giving judgment thereon for the plaintiffs in error. The facts are…
1Opinion of the Court
Peyton, C. J.:
S. E. Neal and Elmira Neal, as executor and executrix of the last will and testament of Eobert Neal, sr., deceased, instituted suit on the 24th. day of March, 1866, in the circuit court of Carroll county, against Toliver Hanks, as administrator of the estate of M.’ Hanks, deceased, apd B. E. Eskridge, as executor of the last will and testament of E. Eskridge, deceased, on two writings obligatory for $2,880 each, executed by the said M. Hanks and E. Eskridge, in favor of the said Eobert Neal, on the 19th day of December, 1859, payable in one and two years from date.
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2Cases cited2 opinions
- Root v. McFerrinMississippi Supreme Court · 1859
- Bland v. MuncasterCourt of Appeals of Mississippi · 1852
3Cited by10 opinions
- Lowry v. Southern Railway Co.Tennessee Supreme Court · 1906
- Tittle v. BonnerMississippi Supreme Court · 1876
- Hale v. Hinkle Mercantile Co.Mississippi Supreme Court · 1931
- Kretsinger v. BrownCourt of Appeals for the Eighth Circuit · 1908
- Lum v. ReedMississippi Supreme Court · 1876
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