Bank of the United States v. Patton
Mississippi Supreme Court
ERROR from the circuit court of the county of Adams. The President, Directors and Company of the United States (the word Bank omitted,) sued out their capias in the usual form against Matthew D. Patton in an action of assumpsit, on which was the following endorsement:— «I hereby acknowledge service of this writ and waive all formality in issuing the same, and I do hereby confess a judgment in favor of the plaintiffs in this suit for the sum of eleven thousand eight hundred…
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ERROR from the circuit court of the county of Adams. The President, Directors and Company of the United States (the word Bank omitted,) sued out their capias in the usual form against Matthew D. Patton in an action of assumpsit, on which was the following endorsement:— «I hereby acknowledge service of this writ and waive all formality in issuing the same, and I do hereby confess a judgment in favor of the plaintiffs in this suit for the sum of eleven thousand eight hundred and eighty-five dollars and forty-seven cents, to bear interest at the rate of six per cent, per annum from this date,…
1Opinion of the CourtJustice Thotteh
A preliminary objection has been taken by the counsel for the bank,, that the'judgment of the court .below is notbpen to review or error. That no appeal or writ of error will lie from an opinion or judgment sustaining or refusing a motion of this kind. We are aware that it has been so decided in some of the other states; but it has been uniformly held otherwise in this’ state, both in the old supreme court under the constitution, of 1817, and in this court in several cases which have been brought before it. Walker’s Rep. 175, 215, 317. 2 Howard, 852. 3 do. 1. The practice of allowing writs of…
2Cases cited3 opinions
- Dickson v. Wilkinson Ex Rel. WilkinsonSupreme Court of the United States · 1844
- Eckhols v. GrahamCourt of Appeals of Virginia · 1799
- Mayor of Mobile v. EmanuelSupreme Court of the United States · 1843