Legal Opinion

Beck v. Beck

Mississippi Supreme Court

Decided October 15, 1858PublishedCited by 2 opinions

ERROR to the Chancery Court of Monroe county. Hon. Joel M. Acker, chancellor. 1. The plea in abatement was insufficient. 1 Bac. Ab. tit. Abatement, N. §§ 2-6-8; 0. § 8, note A; 2 Haywood R. 32; 1 Johnson’s Cases, 397; 16 J. R. 307; 2 Dali. 184; 3 Caines R. 99; Rev. Code, 493, Art. 94. . . 2. On the second point, as to the right of the complainant to file his bill, Mr. Houston commented on the statute, Hutch.

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ERROR to the Chancery Court of Monroe county. Hon. Joel M. Acker, chancellor. 1. The plea in abatement was insufficient. 1 Bac. Ab. tit. Abatement, N. §§ 2-6-8; 0. § 8, note A; 2 Haywood R. 32; 1 Johnson’s Cases, 397; 16 J. R. 307; 2 Dali. 184; 3 Caines R. 99; Rev. Code, 493, Art. 94. . . 2. On the second point, as to the right of the complainant to file his bill, Mr. Houston commented on the statute, Hutch. Dig. 982, § 15, and insisted that it was highly penal, and must be construed strictly, and only applied when the body was actually imprisoned. Cited and relied on Hutch. Dig. 982, § 15.

1Opinion of the CourtHaNDY, J.

This was a bill in chancery, filed by the appellant, for the purpose of effecting a division of certain slaves between him and the appellee, left to them by the will of their father.

The appellee pleaded in abatement to the bill, that at the July term, 1852, of the Marshall Circuit Court, the appellant was indicted for stealing a slave, of which charge he was convicted on the 29th of January, 1853, and on the 7th of February, 1853, was sentenced to confinement in the State penitentiary for the term of five *74years from the date last stated. To this plea, the appellant filed a demurrer, setting…

2Cited by2 opinions

  1. Robinson v. StateMississippi Supreme Court · 1975
  2. Burroughs Land Co. v. MurphyMississippi Supreme Court · 1923

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