Carberry v. Howell
Mississippi Supreme Court
Appeal from the circuit court of Monroe county. Hon. Claude Clayton, Judge. Suit by Mrs. James Carberry, administratrix, against J. A. Howell. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. As to the application of the thirty-nine d'ollar payment.
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Appeal from the circuit court of Monroe county. Hon. Claude Clayton, Judge. Suit by Mrs. James Carberry, administratrix, against J. A. Howell. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. As to the application of the thirty-nine d'ollar payment. If appellant’s contention is correct and the payment was rightfully made upon the supply note, then there can be no doubt but that at the time the suit was instituted that there was a balance due on rent and the case should have gone to the jury as it is admitted that appellee got the…
1Opinion of the CourtStevens, J.
Appellant, as the administratrix of the' estate of her deceased husband, instituted this suit against appellee, as defendant in the court below, to recover the value *553of one whole hale and a remnant of a hale of cotton purchased by the defendant from one R. L. Skelton, tenant of James Carberry, appellant’s husband, and applied by appellee upon a deed of trust held by him against the tenant. Appellant sues to recover a balance of sixty-five dollars and sixty-five cents, claimed to be for rent and supplies. On the trial of the case in the circuit court there was a motion by the defendant to…
2Cases cited1 opinion
- Ellis v. JonesMississippi Supreme Court · 1892
3Cited by2 opinions
- Aaronson v. McGowanMississippi Supreme Court · 1938
- Ware v. MartinMississippi Supreme Court · 1951