Legal Opinion

Hamer v. Kirkwood

Mississippi Supreme Court

Decided October 15, 1852PublishedCited by 8 opinions

In error from the circuit court of Carroll county; Hon. F. M. Rogers, judge. This was a motion entered in the circuit court of Carroll county, to have two judgments in favor of plaintiffs in error against defendants entered satisfied.

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In error from the circuit court of Carroll county; Hon. F. M. Rogers, judge. This was a motion entered in the circuit court of Carroll county, to have two judgments in favor of plaintiffs in error against defendants entered satisfied. By an agreed state of facts, the judgments are satisfied, unless the damages awarded by this court, when said causes were before it in 1839, draw interest; or unless the plaintiffs had the right to apply the .payments as made, first to the ex-tinguishment of the damages, and then to the debt.

1Opinion of the CourtChief Justice Smith

William Kirkwood moved, in the circuit court of Carroll county, to have satisfaction entered of record on two judgments, which were standing open against him in said court in favor of the plaintiffs in error.

It was agreed by the parties at the trial, that plaintiffs in error recovered a judgment against Kirkwood for the sum of $7,963.20, on the 3d of July, 1839, which, upon being removed into this court, was affirmed, with judgment for damages, in the sum of $796.32; that in October of the same year another judgment, for the sum of $3,000, was recovered against him by the said parties; and…

2Cited by8 opinions

  1. Jackson v. WhitfieldMississippi Supreme Court · 1875
  2. Rogers v. BurnsSupreme Court of Pennsylvania · 1856
  3. Kansas City, Fort Scott & Memphis Railroad v. BerrySupreme Court of Kansas · 1895
  4. Louisville & Nashville R. R. Co. v. MeltonCourt of Appeals of Kentucky · 1912
  5. Peoples Bank v. GoreMississippi Supreme Court · 1937

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