Legal Opinion

Bank of Newberry v. Stegall

Mississippi Supreme Court

Decided October 15, 1866PublishedCited by 5 opinions

Error to Circuit Court of Monroe county. Hon. Joel M. Acker, judge. The substance of the pleadings will be found in the opinion of the court. Suit by plaintiff in error against defendants on bond of Brown, as agent of bank, assigning breaches. Defendants filed twenty-nine pleas! Plaintiff moved to strike out six — took issue on six, and demurred to balanóe. The demurrer was extended back to the declaration. Its sufficiency will first be considered.

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Error to Circuit Court of Monroe county. Hon. Joel M. Acker, judge. The substance of the pleadings will be found in the opinion of the court. Suit by plaintiff in error against defendants on bond of Brown, as agent of bank, assigning breaches. Defendants filed twenty-nine pleas! Plaintiff moved to strike out six — took issue on six, and demurred to balanóe. The demurrer was extended back to the declaration. Its sufficiency will first be considered. The objections to it, of course, can only be known from argument of counsel in court below. We will notice them as they appear in a brief there…

1Opinion of the CourtEllett, J.

This action is founded on a penal bond, given by Joseph Brown, as principal, and the other defendants vas his sureties, dated July 24, 1857, in 'the penalty of $40,000, with the following condition: “ Whereas the above bounden Joseph Brown, having been duly appointed agent of the said bank at Smith-ville, Monroe county, and State of Mississippi, is, by the condition of his appointment, to give good and sufficient security for his conduct: Now the condition of this obligation is such, that if the above bounden Joseph Brown shall and do well and faithfully discharge the duties of the said…

2Cited by5 opinions

  1. Western Union Telegraph Co. v. Burlington & Southwestern Ry. Co.United States District Court · 1882
  2. W. L. Wilkins & Co. v. RileyMississippi Supreme Court · 1872
  3. Gilbert v. State InsuranceCourt of Appeals of Kansas · 1896
  4. Plaza Amusement Co. v. RothenbergMississippi Supreme Court · 1930
  5. State Ex Rel. Knox v. Sisters of MercyMississippi Supreme Court · 1928

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