Hall Commission Co. v. Crook
Mississippi Supreme Court
From the circuit court of Warren county. Iíon. OnivÉR W. Oatchings, Judge. Crook and another, the appellees, partners under the firm name of R. L. Crook & Company, were the plaintiffs in the court below; the Hall Commission Company, the appellant, was defendant there. From a judgment in plaintiffs’ favor the defendant appealed to the supreme court. This was an attachment suit by R. L. Crook & Co. against the Hall Commission Company.
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From the circuit court of Warren county. Iíon. OnivÉR W. Oatchings, Judge. Crook and another, the appellees, partners under the firm name of R. L. Crook & Company, were the plaintiffs in the court below; the Hall Commission Company, the appellant, was defendant there. From a judgment in plaintiffs’ favor the defendant appealed to the supreme court. This was an attachment suit by R. L. Crook & Co. against the Hall Commission Company. Plaintiffs were grain dealers in Vicksburg, and the Hall Commission Company were grain dealers in St. Louis, Mo. Plaintiffs ordered from defendant three car loads…
1Opinion of the Court
Harper, Special J.,*
delivered the opinion of the court.
The demurrer to defendant’s first plea in abatement was properly sustained. That plea sought by way of plea in abatement to deny that defendant Avas indebted to plaintiffs. This is not permissible. The debt can only be denied by a plea in bar. It is true that if there be no debt the attachment has been wrongfully sued out. But the trial of this question is reserved under our practice for the trial on the merits, since it ends the whole proceeding; otherwise, there might be two trials of this one issue in the same cause, and each might…
2Cases cited2 opinions
- Coles v. ThompsonCourt of Appeals of Texas · 1894
- Nethery v. BeldenMississippi Supreme Court · 1889
3Cited by16 opinions
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- P. D. Bellville Supply Co. v. DaceyMississippi Supreme Court · 1926
- Baker & McDowell Hardware Co. v. EllisMississippi Supreme Court · 1928
- National Cash Register Co. v. HudeMississippi Supreme Court · 1918
- W. D. Reeves Lumber Co. v. LeavenworthCourt of Appeals for the Fifth Circuit · 1918
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