Carter v. Preston & Stetson
Mississippi Supreme Court
Error to the Circuit Court of Jasper County. Hon. W. H. Hancock, Judge. On the 24th of August, 1874, plaintiffs filed their declaration in the circuit court of Jasper county, using their partnership narne only, and setting out therein a note executed in the county of Jasper and state of Mississippi, and filed with their declara'tion a note executed and payable in the city of Mobile, Ala.
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Error to the Circuit Court of Jasper County. Hon. W. H. Hancock, Judge. On the 24th of August, 1874, plaintiffs filed their declaration in the circuit court of Jasper county, using their partnership narne only, and setting out therein a note executed in the county of Jasper and state of Mississippi, and filed with their declara'tion a note executed and payable in the city of Mobile, Ala. On the 24th of August, 1874, a writ of summons was issued, returnable tbe 3d Monday of September, 1874, and executed on tbe 26th of August, 1874. On the 4th day of December, 1874, defendant filed his…
1Opinion of the CourtTarbell, J.
Suit upon a note dated at Mobile. The declaration describes the note as executed in the county of Jasper. The note was filed with the declaration. Defendant appeared and pleaded the gen eral issue. On the trial, objection was made to the introduction of the note in evidence, upon the ground that plaintiffs declared upon a note executed and payable in the county of Jasper, and state of Mississippi, whereas the plaintiffs offered in evidence a note executed and made payable in the city of Mobile, Alabama. This objection was overruled, and judgment followed for plaintiffs in the action. A bill…
2Cases cited4 opinions
- Drake v. SurgetMississippi Supreme Court · 1858
- Blackwell v. John Reid & Co.Mississippi Supreme Court · 1866
- Grant v. WinnSupreme Court of Missouri · 1841
- Pierce v. Lacy & SheppardMississippi Supreme Court · 1851
3Cited by2 opinions
- Bronwyn Benoist Parker v. William Dean BenoistMississippi Supreme Court · 2015
- Nixon v. DillardMississippi Supreme Court · 1896