Mississippi Supreme Court, 1831

Hines v. Rogers, Slocumb & Co.

Hines v. Rogers, Slocumb & Co.
Mississippi Supreme Court · Decided December 15, 1831 · Turner
1 Miss. 486

Hines v. Rogers, Slocumb & Co.

Opinion of the Court

OPINION OF THE COURT — by

Chief Justice TURNER.

Debt on specialty — plea, payment; bill of exceptions to charge of court. ‘

*487When plaintiff declared on this note, payable to a mercantile firm; and set forth the name of the firm, and described the note, the plea of payment admitted the note as described; even in case, on such a note, without seal, the law would be the same, unless defendant pleaded non assumpsit on oath, than plaintiff would have to prove the eriecutioB of the note. Que-sce — -Whether ho need prove more?

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