Hambrick v. Dent
Mississippi Supreme Court
Erom the circuit court of Noxubee county. Hon. S. H. Terral, Judge. E. C. Dent filed his declaration in the circuit court against M. C. Hambrick and three others, on their joint promissory note. The record contains only the declaration, which is in usual form and unsworn, a copy of the note, a plea of general issue by all the defendants, which is filed, and a subsequent judgment by default, wherein it is recited that the suit is dismissed as to two of the defendants.
Read the full summary
Erom the circuit court of Noxubee county. Hon. S. H. Terral, Judge. E. C. Dent filed his declaration in the circuit court against M. C. Hambrick and three others, on their joint promissory note. The record contains only the declaration, which is in usual form and unsworn, a copy of the note, a plea of general issue by all the defendants, which is filed, and a subsequent judgment by default, wherein it is recited that the suit is dismissed as to two of the defendants. The date of the indorsement on the plea shows it to have'been filed on the third day of the term, and no leave of court or…
1Opinion of the CourtCampbell, C. J.
The judgment in this case must be reversed, because it was rendered when there was a plea undisposed of which is a full answer to the declaration. Section 1433 of the code of 1880 applies to criminal cases only. Its citation in Duncan v. Supervisors, 64 Miss., 38, was an inadvertence. No statute authorizes a" judgment in the state of case shown by this record, and such a statute would be intolerable.
Reversed and remanded.
2Cases cited1 opinion
- Duncan v. Board of SupervisorsMississippi Supreme Court · 1886
3Cited by3 opinions
- Bertagnolli Bros. v. BertagnolliWyoming Supreme Court · 1915
- State SEC. Life Ins. Co. v. StateMississippi Supreme Court · 1986
- Randall v. GunterMississippi Supreme Court · 1938