Cobb v. Wilson

Mississippi Supreme Court

Cobb v. Wilson

60 Miss. 343

DecidedOctober 15, 1882

StatusPublished

This text of 60 Miss. 343 (Cobb v. Wilson) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cobb v. Wilson, 60 Miss. 343 (Mich. 1882).

Pincite

Opinion

Cooper, J.,

delivered the opinion of the court.

The demand of the appellees is not such as may be availed [345]*345of as a set-off in this suit. Their right is to pursue the plaintiff in an independent action for the negligent performance by his intestate of the duties incident to his employment. Neither debt nor indebitatus assumpsit could be maintained; but resort must be had to a special action in the case. Collins v. Gronclore, 40 Ind. 414; Martin v. McAllister, 2 Yerg. 111; Gillett v. Mawman, 1 Taunt 137 ; LeLoir v. Bristow, Campb. 134.

Judgment reversed.

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Cooper, J.,

delivered the opinion of the court.

The demand of the appellees is not such as may be availed [345]*345of as a set-off in this suit. Their right is to pursue the plaintiff in an independent action for the negligent performance by his intestate of the duties incident to his employment. Neither debt nor indebitatus assumpsit could be maintained; but resort must be had to a special action in the case. Collins v. Gronclore, 40 Ind. 414; Martin v. McAllister, 2 Yerg. 111; Gillett v. Mawman, 1 Taunt 137 ; LeLoir v. Bristow, Campb. 134.

Judgment reversed.

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Bluebook (online)

60 Miss. 343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cobb-v-wilson-miss-1882.

Opinion

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