Carroll v. McPike
Mississippi Supreme Court
Error to tbe Circuit Court of Hinds County. Hon. George F. Brown, Judge. Tbe trial was by tbe circuit judge, in lieu of a jury. Tbe bill of exceptions taken by the plaintiff sets out all the evidence. Tbe judgment of the lower court, in the record, shows that tbe case was decided by tbe circuit judge solely on tbe preliminary question of the plaintiff’s right to sue, without reference to tbe merits.
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Error to tbe Circuit Court of Hinds County. Hon. George F. Brown, Judge. Tbe trial was by tbe circuit judge, in lieu of a jury. Tbe bill of exceptions taken by the plaintiff sets out all the evidence. Tbe judgment of the lower court, in the record, shows that tbe case was decided by tbe circuit judge solely on tbe preliminary question of the plaintiff’s right to sue, without reference to tbe merits. The facts on which that question arises are stated in the opinion of the court. argued the case orally, and filed an elaborate written argument, making the following points: — 1. This is an action…
1Opinion of the CourtCampbell, J.
Abram McPike, a citizen of Missouri, died, leaving real and personal property in this State. Letters of administration on his estate were granted in this State and in Missouri. Jacob Carroll, a citizen of Texas, and claiming to be a creditor of the decedent, instituted his action in the Circuit Court of Hinds Count}!-, to enforce this claim against H.’ C. McPike, the Mississippi administrator of the estate of said decedent. The Circuit Court denied the right of the plaintiff to maintain his action, because he was a citizen of Texas when his claim arose, and continued so to be; and the…
2Cited by11 opinions
- Bolton v. BarnettMississippi Supreme Court · 1923
- Partee v. KortrechtMississippi Supreme Court · 1876
- Richardson v. NeblettMississippi Supreme Court · 1920
- Estate of Torian v. First National Bank of MemphisMississippi Supreme Court · 1975
- Estate of Wilson v. NATIONAL BK. OF COMMERCEMississippi Supreme Court · 1978
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