Watts v. Smith
Court of Appeals of Mississippi
In error from the circuit court of Covington county; Hon. W. P. Harris, judge. The opinion of the court contains a statement of the facts of the case. cited and commented on Hutch. Code, 865, 866; 2 Story’s Eq. 869 and 880, and authorities cited. Gray v. Thomas, 12 S. & M. Ill; 2 Mitford’s Eq.
Read the full summary
In error from the circuit court of Covington county; Hon. W. P. Harris, judge. The opinion of the court contains a statement of the facts of the case. cited and commented on Hutch. Code, 865, 866; 2 Story’s Eq. 869 and 880, and authorities cited. Gray v. Thomas, 12 S. & M. Ill; 2 Mitford’s Eq. PI. 189; Gasquet v. Warren, 2 S. & M. 514; Garvin v. Dowry, 7 lb. 24; Cla/rk v. Kingslamd, 1 lb. 248; Hare on Discovery,.131 ; Livingston v. Harris, 3 Paige, 528. cited and commented on 1 Story’s Eqj 91, and cases cited; 2 lb. 709; Jeremy’s Eq. 266; Exporte Symes, 11 Vez. Ch. R. 521; Wailes v. Duke of…
1Opinion of the CourtJustice Yerger
Arthur Smith sued for the use of Sydney Smith, on a note by the plaintiff in error, payable to Arthur Smith, or bearer. The defendant filed a petition of discovery, alleging that the note was given in payment and satisfaction of a judgment which had been recovered against him in favor of Robert Boy-ken, and which judgment Smith alleged belonged to him, when in fact it did not belong to Smith, but was the property of Boy-ken. And the petitioner states, that he does not know any one but Arthur Smith by whom he could prove that the note sued on was the same given in discharge of that judgment.…
2Cited by1 opinion
- Shumpert v. Lee CountyMississippi Supreme Court · 1944