61 Miss. 599
Decided April 15, 1884
Mississippi Supreme Court · decided 1884-04-15
Hon. A. T. Roane, Judge. On the 28th day of January, 1881, P. H. Huston and J. A. Hogan and H. H. Hogan executed the following promissory note: “ On the first day of January next we or either of us promise to pay to Mrs. A. H. Pattison or order the sum of two hundred and eighty-seven dollars and fifty cents for value received, with interest at ten per cent, after maturity.” On the 1th day of December, 1881, P. H. Huston as principal and the two Hogans as sureties,…
Decided 1884-04-15
¶1delivered the opinion of the court.
¶2The motion to vacate the judgment by confession was properly denied. The court had jurisdiction of the subject-matter and of the parties, who consented for judgment to be given on the note, although it was not due. It was competent fortthem to do so, and no legal cause of complaint exists because they did so. The objection for usury in the note is not available.
¶3Judgment affirmed.