Pool v. Hill
Mississippi Supreme Court
Error to the circuit court of Tippah county. OlaytoN, J „ This was an action brought to the March term, 1868, of the Tippah circuit court, against G. W. Yaughan, A. M. Ayres, and Samuel P. Pool, founded on a note made by them for $1,738 66, dated July 3d, 1860, and payable twelve months after date, to Cornelia Mull (afterwards Cornelia Hill), bearing interest at ten per cent, until paid.
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Error to the circuit court of Tippah county. OlaytoN, J „ This was an action brought to the March term, 1868, of the Tippah circuit court, against G. W. Yaughan, A. M. Ayres, and Samuel P. Pool, founded on a note made by them for $1,738 66, dated July 3d, 1860, and payable twelve months after date, to Cornelia Mull (afterwards Cornelia Hill), bearing interest at ten per cent, until paid. At the September term, 1869, on the 7th day of September, the action, on motion of plaintiff, was dismissed as to Yaughan and Ayres, but this dismissal was set aside at the same term. On the next day, the 8th…
1Opinion of the Court
SlMRALL, J.i
This action-of assumpsit was brought to the March term. 1868, of the Tippah circuit court, founded on a promissory note. At the September term, 1869, the suit was dismissed as to Vaughan and Ayres. At the same term, the defendant, Pool, filed two pleas, which on the motion of the plaintiff, were stricken out. Which forms the matter of the first error assigned.
The first plea sets up, ia bar of the action, that the defendant, Pool, was the surety of Yaughari, on the note sued on, and that on the 7th day of September, 1869, he gave notice in writing to prosecute a suit against' his…
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