Legal Opinion

Mhoon v. Colment

Mississippi Supreme Court

Decided October 15, 1875Published

Error to the Circuit Court of Lowndes County. Hon. J. A. Orr, Judge. Defendant in error brought suit in the circuit court of Lowndes county, against the plaintiff in error, in assumpsit, for $600. The first count in the declaration avers that the said J. J. Mhoon, with the consent of his wife, purchased from plaintiff, for the use, benefit and improvement of the estate of his said wife, plaintiff’s entire interest in the stock, house, furniture, gardening materials, farming…

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Error to the Circuit Court of Lowndes County. Hon. J. A. Orr, Judge. Defendant in error brought suit in the circuit court of Lowndes county, against the plaintiff in error, in assumpsit, for $600. The first count in the declaration avers that the said J. J. Mhoon, with the consent of his wife, purchased from plaintiff, for the use, benefit and improvement of the estate of his said wife, plaintiff’s entire interest in the stock, house, furniture, gardening materials, farming materials, fruit trees and shrubbery in the plantation and commercial gardening business, jointly carried on between the…

1Opinion of the Court · TarbellTarbell, J.

Assumpsit against husband and wife. The action is for the recovery of $600 for the work and labor, and supplies and improvements done, performed, supplied and made by Colment, upon, for the benefit, and use of the separate estate of the wife. The husband was found to charge him upon his promise, and not for mere conformity. There was a verdict and judgment for plaintiff against both defendants. A motion for a new trial was overruled, and thereupon a writ of error. Numerous errors are assigned, some of which only it is deemed necessary to notice. It was stated in evidence, without objection,…

Also in this document: Opinion of the Court · Simrall.

2Cases cited5 opinions

  1. Calhoun v. BurnettMississippi Supreme Court · 1866
  2. Partee v. SillimanMississippi Supreme Court · 1870
  3. Foxworth v. MageeMississippi Supreme Court · 1870
  4. Holman v. MurdockMississippi Supreme Court · 1857
  5. Thornton v. McNeillMississippi Supreme Court · 1852

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