Rushing v. Key

Decided January 15, 1845

Mississippi Supreme Court · decided 1845-01-15

In error from the Tishemingo circuit court. Chisley D. Key and Ezekiel Key, partners in trade under the firm and style of C. D. & E. Key, brought their action of debt for the use of E. Key, in the Tishemingo circuit court, against William Rushing, the plaintiff in error, as assignee of J. C. Griner, on two writings obligatory for $ 100 each'. Both notes are declared upon in the same count.

Decided 1845-01-15

Mr. Justice Thacher

¶1delivered the opinion of the court.

¶2This 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.

¶3The judgment of the court below is therefore reversed, and the cause remanded for further proceedings.