McDugald v. Mississippi Union Bank

Mississippi Supreme Court

McDugald v. Mississippi Union Bank

14 Miss. 333

Mississippi Supreme Court·Decided January 15, 1846·Published

Opinion

Mr. Justice Thacjher

delivered the opinion of the court.

Several pleas were filed by the defendants below in this case. To a plea puis darrein continuance, there was filed a demurrer, which was sustained by the court below, but judgment quod recuperet ordered. This was error, since the statute, H. & H. 616, § 8, requires a judgment of respondeat ouster, with a requirement upon defendants to limit their pleadings to the merits of the cause.

Judgment reversed, with directions that the demurrer be sustained, and judgment of respondeat ouster be awarded.

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Mr. Justice Thacjher

delivered the opinion of the court.

Several pleas were filed by the defendants below in this case. To a plea puis darrein continuance, there was filed a demurrer, which was sustained by the court below, but judgment quod recuperet ordered. This was error, since the statute, H. & H. 616, § 8, requires a judgment of respondeat ouster, with a requirement upon defendants to limit their pleadings to the merits of the cause.

Judgment reversed, with directions that the demurrer be sustained, and judgment of respondeat ouster be awarded.

McDugald v. Mississippi Union Bank, 14 Miss. 333 (Mich. 1846).

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