State v. Morgan
Mississippi Supreme Court
Appeal from the Circuit Court of Wilkinson County. Hon. J. B. Chrisman, Judge. To a motion upon the official bond of C. Farish, as sheriff, for failing to return an execution on the return day, Oct. 7, 1878, the defendants pleaded, but subsequently confessed demurrers to their pleas, and, by leave of court, pleaded over, when demurrers to the latter pleas were sustained.
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Appeal from the Circuit Court of Wilkinson County. Hon. J. B. Chrisman, Judge. To a motion upon the official bond of C. Farish, as sheriff, for failing to return an execution on the return day, Oct. 7, 1878, the defendants pleaded, but subsequently confessed demurrers to their pleas, and, by leave of court, pleaded over, when demurrers to the latter pleas were sustained. The usees then moved for a judgment final, which was refused, and the defendant, C. Farish, having pleaded that an epidemic prevented him from returning the writ, the other defendants, his sureties, pleaded non assumpsit, and…
1Opinion of the CourtCooper, J.
The appellants were not entitled to a judgment against those of the'defendants who had confessed a demurrer to their plea, and who, pleading over, interposed pleas to which demurrers were sustained. The statute applies only in those cases in which a prior demurrer having been sustained by the court, the defendant, under a judgment of respondeat ouster, pleads another plea or pleas to which a demurrer is sustained by the court. Ogden v. Glidewell, 5 How. 179; Brown v. Smith, 5 How. 387.
The motion by the plaintiff for judgment against the defendants for mispleading was properly overruled. The…
2Cases cited1 opinion
- Bennett v. State ex rel. Lincoln CountyMississippi Supreme Court · 1880
3Cited by1 opinion
- Nall v. United StatesDistrict Court, S.D. Mississippi · 1934