McBride v. Sol. Kilgore
Mississippi Supreme Court
Error to the Circuit Court of Clay County. Hon. J. M. Arnold, Judge. This action was brought in a justice’s court, upon a promissory note. Judgment was rendered for the plaintiff, andan appeal was taken to the Circuit Court. There were no written pleadings in the case, but in the trial the plaintiff stated his case, and the defendants their defense, orally.
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Error to the Circuit Court of Clay County. Hon. J. M. Arnold, Judge. This action was brought in a justice’s court, upon a promissory note. Judgment was rendered for the plaintiff, andan appeal was taken to the Circuit Court. There were no written pleadings in the case, but in the trial the plaintiff stated his case, and the defendants their defense, orally. The defendants denied the execution of the note sued on, and one of them was introduced as.a witness, and testified that he did not execute the note or authorize any person to execute it for him. To the admission of this testimony the…
1Opinion of the CourtCampbell, J.
Although there are not formal pleadings in the justices’ courts, the defendant, in a suit on a written instrument in a justice’s court, desiring to deny its execution and put the plaintiff to the proof of it, should file an affidavit or statement, under oath, denying such execution. Section 683 of the Code applies as well to suits before justices of the peace as to those in Circuit Courts. Code, sec. 630.
Judgment reversed and cause remanded for a new trial.
2Cited by1 opinion
- Farad Co. v. BuckalewMississippi Supreme Court · 1929