Rushing v. Key

12 Miss. 191

Opinion

Mr. Justice Thacher

delivered the opinion of the court.

This was an action of debt in the Tishemingo circuit court. To the declaration the defendant below filed a plea of payment, with list of offsets, to which plea the record shows no reply, answer, or other disposal thereof. Nevertheless, the case was submitted to a jury, and a verdict and judgment had for the plaintiff. This was error, according to the decision in Webster, et al. v. Tiernan, et al., 4 How. 355.

The judgment of the court below is therefore reversed, and the cause remanded for further proceedings.