Stephens v. Commercial & Railroad Bank
Mississippi Supreme Court
In-error from the Circuit Court of Warren county. Hon. Jacob S. Yerger, judge.
1Opinion of the CourtHandy, J.
The record shows that at November term, 1852, of Warren Circuit Court, a judgment was rendered against Allen and the plaintiff in error, as the makers of a promissory note; that the defendants appeared and pleaded to the suit, and that at the time above mentioned, their plea was withdrawn by an attorney who represented them; that afterwards the plaintiff in error filed a petition for a writ of error, coram nobis, alleging that Allen, his co-defendant, was dead at the time the judgment was rendered, and praying that the judgment should be vacated; that on hearing, the judgment was set aside,…
2Cited by1 opinion
- Foster v. SimmonsMississippi Supreme Court · 1866