Legal Opinion

McLeod v. Harper

Mississippi Supreme Court

Decided May 15, 1870PublishedCited by 8 opinions

Error to the circuit court of Covington county. McNair, J. The facts are sufficiently stated in the opinion of the court.

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Error to the circuit court of Covington county. McNair, J. The facts are sufficiently stated in the opinion of the court. Assignment of errors : 1. It was error to overrule plaintiff’s demurrer to defendant’s first amended plea to the scire facias. 2. It was error to sustain defendant’s demurrer to plaintiff’s second replication to defendant’s first amended plea to the scire facias. 3. It was error to sustain defendant’s demurrer to plaintiff’s third replication to defendant’s first amended plea to scire facias. 4. The court erred in giving the instructions asked for by defendant, and in…

1Opinion of the Court

Simrall, J:

Hugh A. McLeod sued out from the clerk of the circuit court of Covington county, a scire facias, suggesting that he had recovered a judgment on the 29th day of March, A. D. 1861, against Daniel McLaurin for $313 85; and that Mc-Lauriri. had since deceased; that Andrew Harper was his administrator; and commanding said Harper to appear and show cause why he should not have execution and satisfaction of his judgment out of the goods of his intestate.

Andrew Harper pleaded;

1. That the service on his intestate in the original suit, was made by the plaintiff', who was then acting as…

2Cases cited3 opinions

  1. Putnam v. ManNew York Supreme Court · 1829
  2. Rogers v. RogersNew York Supreme Court · 1809
  3. Wall v. WallMississippi Supreme Court · 1854

3Cited by8 opinions

  1. People v. Le DouxCalifornia Supreme Court · 1909
  2. Nevada Cornell Silver Mines, Inc. v. HankinsNevada Supreme Court · 1929
  3. Hayman v. WeilSupreme Court of Florida · 1907
  4. Dyson v. BakerMississippi Supreme Court · 1876
  5. Hansford v. TateWest Virginia Supreme Court · 1907

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