Sanders v. Robertson
Mississippi Supreme Court
In error from the circuit court of Madison county; Hon. Robert C. Perry, judge. The case is sufficiently stated in the opinion of the court. The statute of this state expressly permits an executor or administrator to make any special defence under the general issue, and provides that he shall not be required to plead any other plea. Hutch.
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In error from the circuit court of Madison county; Hon. Robert C. Perry, judge. The case is sufficiently stated in the opinion of the court. The statute of this state expressly permits an executor or administrator to make any special defence under the general issue, and provides that he shall not be required to plead any other plea. Hutch. Code, 669, sec. 105. It has been-decided, that under that statute an executor or administrator may, under the general issue, prove payment or other matter of special defence, without pleading it specially. • 12 S. & M. Ill; 6 How. 349. It has been decided,…
1Opinion of the CourtChief Justice Smith
The plaintiffs in error were sued as administrators, upon a promissory note, made by Absalom Leggett, their intestate. At the return term, judgment by default was entered against them ; but which, at the same time, upon motion and affidavit, was set aside, and leave granted to plead to the merits of the action. The defendants then filed the general issue. At the following term, the cause coming on to be tried, the defendants relied upon the statute of limitations in relation to actions on promissory notes, and also upon the statute in regard *391to the presentation of claims against the estates…
2Cited by8 opinions
- Lilly-Brackett Co. v. SonnemannCalifornia Supreme Court · 1910
- Whitehead v. PufferMississippi Supreme Court · 1940
- Hellman v. KieneSupreme Court of Iowa · 1887
- Huntington v. Heirs of BobbittMississippi Supreme Court · 1872
- Wencker v. Thompson's AdministratorMissouri Court of Appeals · 1902
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