Garnett v. Kirkman
Mississippi Supreme Court
In error from the Circuit Court of Yallobusha county. Hon. William L. Harris, judge. Thomas Kirkman sued Thomas N. Ward, executor of Samuel Hurd, deceased, for the sum of $33,000, due upon an account stated between plaintiff and Hurd, on the 6th of March, 1843. The account was various items of indebtment, due by Mrs. Hurd, to plaintiff, prior to her intermarriage with Hurd. The defendant pleaded non-assumpsit by his testator.
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In error from the Circuit Court of Yallobusha county. Hon. William L. Harris, judge. Thomas Kirkman sued Thomas N. Ward, executor of Samuel Hurd, deceased, for the sum of $33,000, due upon an account stated between plaintiff and Hurd, on the 6th of March, 1843. The account was various items of indebtment, due by Mrs. Hurd, to plaintiff, prior to her intermarriage with Hurd. The defendant pleaded non-assumpsit by his testator. Thomas N. Ward, having resigned his executorship, IT. T. Gar-nett qualified as administrator with the will annexed. A written agreement was made by counsel and filed, “…
1Opinion of the CourtHandy, J.
This case has been twice before this court. Upon the last decision of it, which is reported in 27 Miss. 824, it went back to the Circuit Court for a new trial, and a verdict and judgment were again rendered for the plaintiff in the action. Exception was taken to the rulings of the court pending the trial, and a motion was also made for a new trial, which was overruled and exceptions taken thereto; and upon those exceptions the case is again brought here.
Before proceeding to examine the merits of the case as it is now presented, it is necessary to consider a preliminary point raised in behalf…
2Cases cited2 opinions
- Ray v. McCaryMississippi Supreme Court · 1853
- Frizell v. WhiteMississippi Supreme Court · 1854
3Cited by9 opinions
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- Shirts v. IronsIndiana Supreme Court · 1874
- State v. RheamsSupreme Court of Minnesota · 1885
- Maclin v. BloomMississippi Supreme Court · 1877
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