Legal Opinion

Lawrence v. Mangum

Mississippi Supreme Court

Decided December 15, 1855PublishedCited by 2 opinions

In error from the Circuit Court of Tallahatchie county. Hon. William L. Harris, judge. On the 20th day of November, a. d.1854, the defendant in error, who was plaintiff below, commenced his action of assumpsit, in the Circuit Court of Tallahatchie county, againstElias Lawrence, administrator of Richard Coleman, upon an open account for $1500, for money advanced in 1845, which sum was reduced by credits allowed on the account, to $610. The defendant pleaded non assumpsit,…

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In error from the Circuit Court of Tallahatchie county. Hon. William L. Harris, judge. On the 20th day of November, a. d.1854, the defendant in error, who was plaintiff below, commenced his action of assumpsit, in the Circuit Court of Tallahatchie county, againstElias Lawrence, administrator of Richard Coleman, upon an open account for $1500, for money advanced in 1845, which sum was reduced by credits allowed on the account, to $610. The defendant pleaded non assumpsit, payment, and the Statute of Limitations; and upon these pleas issue was taken and the cause submitted to a jury, who…

1Opinion of the CourtFisheR, J.

The defendant in error brought a suit against the plaintiff in error, as administrator of the estate of Richard Coleman, deceased, in the Circuit Court of Tallahatchie county.

The Statute of Limitations was relied on as a defence, and a subsequent promise or acknowledgment of the justice of the debt by the intestate in his lifetime, was relied on by the-plaintiff below to take the case out of the operation of the statute.

It will be sufficient, without noticing specially the instructions of the court below, to notice the testimony of the plaintiff below. It in few words amounts to this:…

2Cited by2 opinions

  1. Trustees of Canton Female Academy v. GilmanMississippi Supreme Court · 1877
  2. Eckford v. EvansMississippi Supreme Court · 1878

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