Bowen v. Bonner
Mississippi Supreme Court
Error to tlie circuit court of Lawrence county. McNair, J. The facts appear in the opinion of thie court. Cited on the insufficiency of the mandate as evidence to rebut the plea of nul tiel record, 1 Greenl. on Evi. 546, §§501, 502 ; 2 Saund. on Plead. & Evi. 755. He maintained that the judgment on the scire facias was void as to the administrator of Hemmingway, and, being void as to one joint defendant, it was void as to all, citing Pittman v. Planter’s Bank, 1 How. 527. He…
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Error to tlie circuit court of Lawrence county. McNair, J. The facts appear in the opinion of thie court. Cited on the insufficiency of the mandate as evidence to rebut the plea of nul tiel record, 1 Greenl. on Evi. 546, §§501, 502 ; 2 Saund. on Plead. & Evi. 755. He maintained that the judgment on the scire facias was void as to the administrator of Hemmingway, and, being void as to one joint defendant, it was void as to all, citing Pittman v. Planter’s Bank, 1 How. 527. He also made the other points noticed in the opinion. On the right of the administrator de bonis, non to come into 'court…
1Opinion of the Court
Takbell, J. :
This is a writ of error to review proceedings upon scire facias. The original action was trover for the recovery of a large number of promissory notes, commenced in 1855, by Jacob P. Foute, executor of Thomas Y. Grinstead, deceased, against Bo-wen and Hemmingway. The trial resulted in a verdict for plaintiff of $3,194 40. Upon a question without merit, the case was taken to the high court of errors and appeals, wherein the judgment of the circuit court was affirmed as a matter of course, June 1, 1858, together with an allowance of five per cent damages, amounting to $159, besides…
2Cited by1 opinion
- Pollard v. EckfordMississippi Supreme Court · 1874