Vanzant v. Shelton
Mississippi Supreme Court
ERROR to tbe Circuit Court of Rankin county. Hon. John Watts, judge. It is very manifest tbat the rejoinder to the replication of coverture sets out a grievcmce, but not a legal avoidance of tbat replication ; tbe grievance is not greater than tbat wbicb appears in Selph v. JTowIcmcl, 23 Miss. 264. Tbe first rejoinder will be considered.
Read the full summary
ERROR to tbe Circuit Court of Rankin county. Hon. John Watts, judge. It is very manifest tbat the rejoinder to the replication of coverture sets out a grievcmce, but not a legal avoidance of tbat replication ; tbe grievance is not greater than tbat wbicb appears in Selph v. JTowIcmcl, 23 Miss. 264. Tbe first rejoinder will be considered. It must be borne in mind tbat this rejoinder is intended to support tbe plea of payment, and must be considered with reference to its proper office in tbe order of pleading. It is charged that Mary Yanzant took possession of a hotel belonging to defendant,…
1Opinion of the CourtIIaNdy, C. J.
This action was brought by the plaintiffs in error upon a general allegation of mdubitatws asswnvpsit, with a bill of particulars accompanying the declaration, for certain sums of money paid by the plaintiffs for the defendant’s use, and for certain sums had and received. The defendant pleaded: 1, the general issue; and 2, payment of the sums of money demanded before the institution of the suit; and with the- latter plea, a bill of particulars was filed by way of set-off, containing, among other things, a charge for use and occupation of the Brandon Hotel, from 1st of September, 1854, to…
2Cited by1 opinion
- Rundle v. PegramMississippi Supreme Court · 1874