Dunlap v. Edwards
Mississippi Supreme Court
IN error from the circuit court of Clarke county ; Hon. John Watts, judge. At the April term, 1852, of the circuit court of Clarke county, Dabney Edwards sued S. Dunlap on two promissory notes. Dunlap replied “ a former recovery and judgment.” Om trial, Edwards read the notes in evidence. Dunlap then read to the jury the record of a former proceeding, recovery, and judgment thereon.
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IN error from the circuit court of Clarke county ; Hon. John Watts, judge. At the April term, 1852, of the circuit court of Clarke county, Dabney Edwards sued S. Dunlap on two promissory notes. Dunlap replied “ a former recovery and judgment.” Om trial, Edwards read the notes in evidence. Dunlap then read to the jury the record of a former proceeding, recovery, and judgment thereon. The plaintiff then introduced Haynes, who-proved that Dunlap said there was a “ mistake ” in the aforesaid proceeding, and he would pay Edwards the “ balance,” if he would wait on him. A. B. Dawson then proved…
1Opinion of the CourtJustice HaNDY
This was an action in the circuit court of Clarke county, to ' recover the amount of two promissory notes made by the plain.tiff in error to the defendant in error. The defendant below *44pleaded, first, that he did not owe the sums of money demanded, and second, that at the April term of said court, 1850,, the plaintiff had sued him in an action of assumpsit, founded on the same identical causes of action here sued on, amongst others, and that at October term, 1850, said plaintiff recovered judgment against the said defendant for the sum of $121.63, which remained in full force. To this second…
2Cited by4 opinions
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