McBride v. Sol. Kilgore
Mississippi Supreme Court
McBride v. Sol. Kilgore, 55 Miss. 242 (Miss. 1877)
Campbell
McBride v. Sol. Kilgore
Opinion of the Court
delivered the opinion of the court.
Although there are not formal pleadings in the justices’ courts, the defendant, in a suit on a written instrument in a justice’s court, desiring to deny its execution and put the plaintiff to the proof of it, should file an affidavit or statement, under oath, denying such execution. Section 683 of the Code applies as well to suits before justices of the peace as to those in Circuit Courts. Code, sec. 630.
Judgment reversed and cause remanded for a new trial.
Reference
- Full Case Name
- Cornelius McBride, to use, etc. v. Sol. Kilgore
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Justices’ Courts. Practice. Execution of writings denied by affidavit. A defendant wishing to deny the execution of a written instrument sued on in a justice’s court must, under our statutes, file a statement of his denial, verified by oath. Section 683 of the Code of 1871 applies to suits in justices’ courts as well as those in Circuit, Courts.