Brown v. Smith
Mississippi Supreme Court
IN error from the circuit court of Lafayette county. This was an action of debt brought in the circuit court for Lafayette county, at the November term, 1839, on two several bonds executed by the plaintiff in error in favor of the defendant in error, for the sums of five thousand, and fifteen thousand dollars, respectively. There were two pleas filed to the declaration.
Read the full summary
IN error from the circuit court of Lafayette county. This was an action of debt brought in the circuit court for Lafayette county, at the November term, 1839, on two several bonds executed by the plaintiff in error in favor of the defendant in error, for the sums of five thousand, and fifteen thousand dollars, respectively. There were two pleas filed to the declaration. The first of them set out that the consideration of the bonds declared upon was the purchase of a number of negro slaves, who were delivered by the plaintiff below with a bill of sale containing warranty'of soundness, &c. That…
1Opinion of the CourtJustice TbotteR
Two questions are presented by the record in this case. First. Whether the judgment upon the second demurrer to the plea of the defendant was proper. And secondly. Whether the defendant’s demurrer to the replication of the plaintiff to the second plea was properly overruled.
1. The record shows, that to the first plea, there was a demurrer, and that the defendant simply confessed the same, and asked and obtained leave to amend the plea. There was no joinder nor argument, and no judgment save the permission given to amend. Was this equivalent to a judgment of respondeos ouster according to the…
2Cases cited3 opinions
- Vanderkarr v. VanderkarrNew York Supreme Court · 1814
- Payne v. RoddenCourt of Appeals of Kentucky · 1816
- Nevins v. KeelerNew York Supreme Court · 1810
3Cited by2 opinions
- Tucker v. HarrisSupreme Court of Georgia · 1853
- Hopping v. BurnamSupreme Court of Iowa · 1849