Jennings v. Love
Court of Appeals of Mississippi
In error from the circuit court of Yazoo county; Hon. Robert C. Perry, judge. The opinion of the court, and the points made by counsel, contain a sufficient statement of the facts of the case. The account was regularly proved before the probate court, and probated. Plea of non assumpsit.
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In error from the circuit court of Yazoo county; Hon. Robert C. Perry, judge. The opinion of the court, and the points made by counsel, contain a sufficient statement of the facts of the case. The account was regularly proved before the probate court, and probated. Plea of non assumpsit. Plaintiff proved by Austin Morgan, that the said Asa Love in his lifetime boarded and lodged from about the 1st May, 1843, to the 1st March, 1844, with the said plaintiff, at the house of plaintiff, in Jackson; that about $20 per month was about the usual rate at Jackson, Miss., during that time — whether Asa…
1Opinion of the CourtJustice Fisher
This was an action of assumpsit founded upon an open account against the deceased, Asa Love, and due in March, 1844, in favor of the plaintiff in error.
The action was commenced in the circuit court of Yazoo county on the 21st of October, 1848, and the defendant on the trial relied on the statute of limitations, as a defence to the action. The instruction asked by the plaintiff and refused by the court, and the one given on behalf of the defendant, constitute the errors which we will examine.
The instruction asked by the plaintiff is in these words: “ That if they believe from the evidence that…
2Cited by6 opinions
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- Champion v. CayceMississippi Supreme Court · 1877
- Pollard v. EckfordMississippi Supreme Court · 1874
- Adams v. WilliamsMississippi Supreme Court · 1879
- Atlantic & Pacific Railroad v. MingusNew Mexico Supreme Court · 1893
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