Lamkin v. Nye
Mississippi Supreme Court
Error to the circuit court of Yazoo county. Campbell, J, The facts are sufficiently stated in the opinion of the court. The plaintiff in error filed the following assignment of errors; 1st. The court below erred, because it did not extend the demurrer of defendant to plaintiff’s replications back to the declaration which was defective for misjoinder, and being an improper form of action. 2d.
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Error to the circuit court of Yazoo county. Campbell, J, The facts are sufficiently stated in the opinion of the court. The plaintiff in error filed the following assignment of errors; 1st. The court below erred, because it did not extend the demurrer of defendant to plaintiff’s replications back to the declaration which was defective for misjoinder, and being an improper form of action. 2d. The court erred in not sustaining the demurrer of defendant to the second, third, and fifth replications of plaintiff to the defendant’s second and third pleas. 3d. The court erred in not sustaining the…
1Opinion of the Court
Simrall, J.:
Suit by Nye, executor of Wilson, to recover the amount due on a sealed instrument dated 12th of January, 1854, for $300, due 1st January, 1855, and also a promissory note for $150, dated January 1st, 1856, due one day after date. Declaration filed January 3d, 1862. Writ issued 23d January, 1866. Executed by the sheriff April 30,1866. There was testimony showing that a writ was issued in 1862.
1st Plea : Won assumpsit.
2d Plea: To count on writing obligatory, that the action did not accrue in seven years.
3d Plea: That cause of action on the promissory note did not accrue in six years.
2Cases cited1 opinion
- Harris v. DennisSupreme Court of Pennsylvania · 1814
3Cited by5 opinions
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- Smith v. CloptonMississippi Supreme Court · 1873