70 Miss. 59
Decided October 15, 1892
Mississippi Supreme Court · decided 1892-10-15
Erom the circuit court of Noxubee county. Hon. S. H. Terral, Judge. E. C. Dent filed his declaration in the circuit court against M. C. Hambrick and three others, on their joint promissory note. The record contains only the declaration, which is in usual form and unsworn, a copy of the note, a plea of general issue by all the defendants, which is filed, and a subsequent judgment by default, wherein it is recited that the suit is dismissed as to two of the defendants.
Good law ✅— No negative treatment on recordhow we know
Decided 1892-10-15
Cited by 3 later decisions — most recently November 1986
3 state decisions
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¶1delivered the opinion of the court.
¶2The judgment in this case must be reversed, because it was rendered when there was a plea undisposed of which is a full answer to the declaration. Section 1433 of the code of 1880 applies to criminal cases only. Its citation in Duncan v. Supervisors, 64 Miss., 38, was an inadvertence. No statute authorizes a" judgment in the state of case shown by this record, and such a statute would be intolerable.
¶3Reversed and remanded.