Tarleton v. Cox
Mississippi Supreme Court
Appeal from the chancery court of Monroe county. Bradford, J. The facts of this case are fully and distinctly stated in the opinion of the court. The question presented involves the validity of the judgment of the court in dismissing the appeal of Coopwood, after his death, and without making his administrator a party, or without the administrator having made himself a party.
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Appeal from the chancery court of Monroe county. Bradford, J. The facts of this case are fully and distinctly stated in the opinion of the court. The question presented involves the validity of the judgment of the court in dismissing the appeal of Coopwood, after his death, and without making his administrator a party, or without the administrator having made himself a party. The record shows, that the death of Coopwood was suggested by counsel for defendant in error, Cox, and that the motion to revive the same in the name of the administrator was made by counsel for defendant in error. The…
1Opinion of the Court
Tabbell, J.:
It appears from the record, that on the 15th day of November, 1858, a summons was issued by the clerk of the circuit court of that county, at the suit of William L. Cox, against Thomas Coopwood, David Clark and A. J. Gillespie, the two latter being sued as partners, under the name of Clark & Gillespie, composing a firm doing business under such designation. Upon the summons is this indorsement:
“We acknowledge service of the within summons and agree that the same may be docketed, and judgment rendered against us at the next term of the circuit court, for $1,241 51, with stay of…
2Cases cited8 opinions
- Thompson v. TolmieSupreme Court of the United States · 1829
- Borden v. FitchNew York Supreme Court · 1818
- Starbuck v. MurrayNew York Supreme Court · 1830
- Hollingsworth v. BarbourSupreme Court of the United States · 1830
- Mills v. MartinNew York Supreme Court · 1821
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3Cited by6 opinions
- Cole v. Parker-Washington Co.Supreme Court of Missouri · 1918
- King v. BurdettWest Virginia Supreme Court · 1886
- Owen v. AbrahamMississippi Supreme Court · 1958
- Wells v. RobersonMississippi Supreme Court · 1968
- Burford v. KerseyMississippi Supreme Court · 1873
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