McBride v. Sol. Kilgore

Mississippi Supreme Court

McBride v. Sol. Kilgore

55 Miss. 242

CourtMississippi Supreme Court

DecidedOctober 15, 1877

StatusPublished

Cited by1 cases

This text of 55 Miss. 242 (McBride v. Sol. Kilgore) 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

McBride v. Sol. Kilgore, 55 Miss. 242 (Mich. 1877).

Pincite

Opinion

Campbell, J.,

delivered the opinion of the court.

Although there are not formal pleadings in the justices’ courts, the defendant, in a suit on a written instrument in a justice’s court, desiring to deny its execution and put the plaintiff to the proof of it, should file an affidavit or statement, under oath, denying such execution. Section 683 of the Code applies as well to suits before justices of the peace as to those in Circuit Courts. Code, sec. 630.

Judgment reversed and cause remanded for a new trial.

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Campbell, J.,

delivered the opinion of the court.

Although there are not formal pleadings in the justices’ courts, the defendant, in a suit on a written instrument in a justice’s court, desiring to deny its execution and put the plaintiff to the proof of it, should file an affidavit or statement, under oath, denying such execution. Section 683 of the Code applies as well to suits before justices of the peace as to those in Circuit Courts. Code, sec. 630.

Judgment reversed and cause remanded for a new trial.

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Bluebook (online)

55 Miss. 242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcbride-v-sol-kilgore-miss-1877.

Opinion

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