Barr v. Sullivan
Mississippi Supreme Court
From the circuit court of Lafayette county. Hon. Eugene Johnson, Judge. The opinion states the case. The only issue in the case was.the plea of defendant that he was not administrator at the commencement of the suit. It will be observed that the single plea filed is not one of plene administravit, but is one of ne unques administrator.
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From the circuit court of Lafayette county. Hon. Eugene Johnson, Judge. The opinion states the case. The only issue in the case was.the plea of defendant that he was not administrator at the commencement of the suit. It will be observed that the single plea filed is not one of plene administravit, but is one of ne unques administrator. The replication denies the fact averred, and joins issue thereon, and although there was not a particle of evidence to sustain the plea, a peremptory instruction lor the defendant was given. A peremptory instruction in such case was highly improper. Swan v.…
1Opinion of the Court
Calhoon, Special J.,
delivered the opinion of the court.
The declaration in assumpsit, by appellant, Mrs. Barr, as executrix of the will of R. W. Black, charges that H. M. Sullivan, appellee’s intestate, received, as the attorney of her testator, Black, as chancery commissioner, in April, 1876, a claim for collection, and that he collected it and did not pay over.
Appellee’s only plea is the special plea in bar, sworn to, that he is not, and was not at the commencement of the action, the administrator of H. M. Sullivan’s estate.
Appellant replied that H. M. Sullivan’s estate was not fully…
2Cases cited5 opinions
- Denson v. DensonMississippi Supreme Court · 1857
- Pollock v. BuieMississippi Supreme Court · 1870
- Nunnery v. DayMississippi Supreme Court · 1886
- Brasfield v. FrenchMississippi Supreme Court · 1882
- Allison v. AbramsMississippi Supreme Court · 1866