W. L. Wilkins & Co. v. Riley
Mississippi Supreme Court
Error to the circuit court of Scott county, Leachman, J. Plaintiffs in error were sued by the defendant in' error in said circuit court, in an action of assumpsit on a promissory note for $613.20. Defendants in that action (plaintiff in error here) pleaded non-assumpsit and gave notice, substantially, that under their plea they would offer proof at the trial that the note sued on was given in full settlement of “ disputed matters,” between said Riley, plaintiff in that…
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Error to the circuit court of Scott county, Leachman, J. Plaintiffs in error were sued by the defendant in' error in said circuit court, in an action of assumpsit on a promissory note for $613.20. Defendants in that action (plaintiff in error here) pleaded non-assumpsit and gave notice, substantially, that under their plea they would offer proof at the trial that the note sued on was given in full settlement of “ disputed matters,” between said Riley, plaintiff in that action (defendant in error here) and said W. L. Wilkins and one L. B. Wilkins, said Riley agreeing to dismiss certain suits…
1Opinion of the Court
Takbell, J.:
Action upon a note; plea — general issue with notice. After careful examination of,this case, we are unable to conclude that there is error. The notice with the general issue sets out with the statement that there were “disputed matters” between the parties, and that “said note was given in full satisfaction of the sameand also, that the plaintiff would dismiss certain suits pending; and also, that plaintiff would not prosecute Wilkins before the grand jury for an assault by the latter upon the former; but that plaintiff did prosecute Wilkins before the grand jury, and put him to…
2Cases cited2 opinions
- Brown, Bros. v. FreelandMississippi Supreme Court · 1857
- Bank of Newberry v. StegallMississippi Supreme Court · 1866
3Cited by5 opinions
- Plaza Amusement Co. v. RothenbergMississippi Supreme Court · 1930
- Clay v. T. H. Allen & Co.Mississippi Supreme Court · 1886
- Knut v. NuttMississippi Supreme Court · 1903
- Williamson v. MajorsCourt of Appeals for the Fifth Circuit · 1909
- Aetna Ins. v. RobertsonMississippi Supreme Court · 1922