Claiborne County MsArchives Court.....Douglas, Vs. Hendricks 1834 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ms/msfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Deb Haines http://www.genrecords.net/emailregistry/vols/00003.html#0000719 June 2, 2008, 10:43 pm Source: Reports Of Cases - Mississippi Written: 1834 June Term 1826. DOUGLAS for LONG, vs. JOHN HENDRICKS, et. al. On sustaining a demurrer to a plea, there should be a judgment of respondent ouster. OPINION OF THE COURT - by the Hon. J. Child. The judgment of the circuit court of Claiborne in this case, shews no certain sum or amount for which it was entered up; nor does any certain sum appear in any part of the record, by which that uncertainly can be rendered certain. It also appears on the face of the proceedings, that judgment peremptory was given by the court below, on sustaining the demurrer to the second plea, when by express provision of the statute, the judgment in such cases, should be to plead over or amend. The plea of a discharge under the insolvent debtor's act, is a good defence to the action, in case it be well pleaded. For these reasons, I am of opinion that the judgment below is erroneous, and ought to be reversed. The alleged alteration in the bond, is not in a material part; and therefore does not affect the validity of the instrument, which would have been good with or without filling the blank. Judgment reversed and cause remanded, with leave to plead over or amend, and venire facias de novo awarded. Turner and Black concurred. D. S. & R. J. Walker, for defendant. Additional Comments: Reports of Cases Adjudged in the Supreme Court of Mississippi; 1818 - 1832; By R. J. Walker, Reporter of the State. Natchez: Printed at the Courier and Journal Office, 1834. File at: http://files.usgwarchives.net/ms/claiborne/court/douglas107gwl.txt This file has been created by a form at http://www.genrecords.org/msfiles/ File size: 2.1 Kb