Herbert v. Spurlock

Decided December 15, 1853

Mississippi Supreme Court · decided 1853-12-15

In error from the circuit court of Monroe county; Hon. F. M. Rogers, judge. The defendant in error, Spurlock, sued James L. Herbert in the justices’ court of Monroe county, upon a promissory note which had been previously executed by him for the sum of $55 by Walton, into whose hands the note had fallen, entered a credit on it without any consideration for the credit, so as to bring the note under fifty dollars, the amount limited to the jurisdiction of the justices’ court.

Decided 1853-12-15

Mr. Justice FisheR

¶1delivered the opinion of the court.

¶2After the pleadings had become quite complicated, the defendant below obtained leave to demur to the complaint. This demurrer, having been filed, was overruled. This proceeding was a complete waiver of all irregularities, if any, previously committed by the parties or by the court.

¶3The court permitted the defendant, after overruling the demurrer, to file an answer without an affidavit of merits.

¶4The cause was finally put to a jury, who found a verdict for the plaintiff below, in which we find no error.

¶5The evidence introduced to establish the credit on the note was properly rejected, as the defendant could only avail himself of it in the justices’ court, where he had succeeded once in defeating, the action. We find no error in the record.

¶6Judgment affirmed.