Ruff v. Montgomery
Mississippi Supreme Court
Prom the circuit court of Marshall county. UoN. PerriN H. Lowrey, Judge. Ruff, appellant, was plaintiff in the court below; Montgomery, appellee, was defendant there. From a judgment in defendant’s favor, the plaintiff appealed to the supreme court. The facts are fully stated in the opinion of the court.
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Prom the circuit court of Marshall county. UoN. PerriN H. Lowrey, Judge. Ruff, appellant, was plaintiff in the court below; Montgomery, appellee, was defendant there. From a judgment in defendant’s favor, the plaintiff appealed to the supreme court. The facts are fully stated in the opinion of the court. The suit of Blaclcard v. Rhea, Montgomery and Ruff and the judgment therein against Rhea and Ruff, which released Montgomery, does not render the issue joined in this case of Ruff v. Montgomery for contribution as a co-surety, res adjudicata. First. The causes of action are entirely…
1Opinion of the Court
Whitfieold, O. J.,
delivered the opinion of the court.
Blackard, the payee in a promissory note, sued Rhea the maker and Ruff and Montgomery, Rhea’s sureties on said note, before a Justice of the Peace. Montgomery plead notice and release under § 3276 of the code of 1892; the pleadings, of course, were not in writing. All the parties were present at the trial in the court of the Justice of the Peace. Judgment was rendered by the Justice of the Peace releasing Montgomery on the ground that he had given due notice under the statute; this recitative being made in the face of the judgment. The…
2Cases cited1 opinion
- Humphrey v. HuntSupreme Court of Oklahoma · 1899
3Cited by6 opinions
- United States Fidelity & Guaranty Co. v. CollinsMississippi Supreme Court · 1957
- Kenney v. HickeyNevada Supreme Court · 1940
- Thornton v. Town of CharlestonMississippi Supreme Court · 1915
- Connor v. CraigMassachusetts Supreme Judicial Court · 1917
- Lashbrooke v. ColeSupreme Court of Arkansas · 1916
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