Haynes v. Ezell ex rel. Walker
Mississippi Supreme Court
In error from the circuit court of Lowndes county; Hon. F. M. Rogers, judge. On the 28th of June, 1851, Ezell, for the use of Walker, sued out a writ in Lowndes, and on the 2d of July another, to Noxubee, from Lowndes, in the same case, as a branch writ, and indorsed as such. The writ to Lowndes purports to be executed on the 26th of June, 1851, on Conner.
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In error from the circuit court of Lowndes county; Hon. F. M. Rogers, judge. On the 28th of June, 1851, Ezell, for the use of Walker, sued out a writ in Lowndes, and on the 2d of July another, to Noxubee, from Lowndes, in the same case, as a branch writ, and indorsed as such. The writ to Lowndes purports to be executed on the 26th of June, 1851, on Conner. The cause of action as indorsed on the writ is, that “the action is founded on a promissory note indorsed by defendants to plaintiff,” and is copied as on a note to this effect, namely:— “January 1, 1849. “ One day after date I promise to…
1Opinion of the CourtJustice Yerger
A judgment by default was rendered in this case against the plaintiff in error.
The declaration states, that J. W. Eldridge made his promissory note, payable to Ezell; that Ezell transferred the note by delivery to Haynes, who transferred the same by indorsement to Conner, who afterwards transferred the same by writing to Walker, the usee, and that Conner guaranteed the payment of the note to Walker. Conner and Haynes are both sued.
This declaration is manifestly defective, and we do not think, that even by the statute of jeofails, the judgment by default can be sustained.
The case presents the…
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