Miller v. Northern Bank of Mississippi
Mississippi Supreme Court
IN error from the Circuit Court of Tippah county. Hon. P. T. Scruggs, judge. Cited JBurrus v. Fisher, 5 Cushm. 518. 1. The demand in the original complaint being against Miller & -Son, and they, if liable at all, being liable severally, if the proof sustains the demand against either, the plaintiff is entitled to recover; and it was, therefore, unnecessary to amend. Lyons v. Jackson, 1 How. Miss. 474; Fairchild v. Grand Gulf Bank, 5 How.
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IN error from the Circuit Court of Tippah county. Hon. P. T. Scruggs, judge. Cited JBurrus v. Fisher, 5 Cushm. 518. 1. The demand in the original complaint being against Miller & -Son, and they, if liable at all, being liable severally, if the proof sustains the demand against either, the plaintiff is entitled to recover; and it was, therefore, unnecessary to amend. Lyons v. Jackson, 1 How. Miss. 474; Fairchild v. Grand Gulf Bank, 5 How. Miss. 604; Woodhouse v. Lee, 6 S. & M. .165; Peyton v. Scott, 2 How. Miss. 870. 2. The amendment was authorized, if necessary, by the Acts of 1840 and 1850 ;…
1Opinion of the CourtSmith, C. J.
Prom the imperfect manner in which this record is made up, we are not certain that we understand the precise order in which the various acts of the parties and the court transpired. But, taking the abstract furnished by the counsel for the defendant in error, as our guide, we will proceed to state the facts, upon which arise the questions presented in the argument of counsel.
This suit was brought, in 1852, by the Northern Bank of Mississippi, against Charles P. and Oliver R. Miller, alleged to be merchants, doing business in partnership, under the firm name of C. P. Miller & Son, to recover a…
2Cited by9 opinions
- Bryan v. SullivanSupreme Court of Oklahoma · 1916
- Solomon v. City Compress Co.Mississippi Supreme Court · 1891
- Brown v. WilliamsSupreme Court of Oklahoma · 1909
- Southern Surety Co. v. Patterson Steel Co.Supreme Court of Oklahoma · 1925
- United States v. McCoyDistrict Court, S.D. Alabama · 1893
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