Illinois Central R. R. v. Andrews

Mississippi Supreme Court

Illinois Central R. R. v. Andrews

61 Miss. 474

CourtMississippi Supreme Court

DecidedApril 15, 1884

StatusPublished

Cited by2 cases

This text of 61 Miss. 474 (Illinois Central R. R. v. Andrews) 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

Illinois Central R. R. v. Andrews, 61 Miss. 474 (Mich. 1884).

Pincite

Opinion

Cooper, J.,

delivered the opinion of the court.

The failure of the defendant to interpose its defense in the magis[478]*478trate’s court did not preclude it from defending in the circuit court on appeal. Callahan & Co. v. Newell, ante 437.

Section 1627 of the Code of 1880, which authorizes the plaintiff who sues upon an open account- to make oath to the correctness of the account, and gives to such sworn account the character of evidence, is not applicable except in cases where the cause of action arose ex contractu. Miss. Central Railroad Co. v. Fort, 44 Miss. 423.

Reversed..

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