Saunders v. Stephenson
This text of 47 So. 783 (Saunders v. Stephenson) 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.
Opinion
delivered the opinion of the court.
The affidavit, iipon which the note sued on was probated, was not made by the creditor, but by her husband as her agent. [678]*678This brings the question squarely within the holding of this court in McWhorter v. Donald, 39 Miss. 779, 80 Am. Dec. 97. It is true that appellant here offers some excuse for not making the affidavit which the statute requires, and also triie that this ■ excuse was wanting in the McWhorter case; but the decision is that case is based upon the peremptory requirement of the statute, a departure from which is fatal. Cheairs v. Cheairs, 81 Miss. 662, 33 South. 414; Walker v. Nelson, 87 Miss. 268, 39 South. 809. Affirmed.
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Cite This Page — Counsel Stack
47 So. 783, 94 Miss. 676, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saunders-v-stephenson-miss-1909.