[DOWNLOAD] "John A. Gibson and Kinchen A. Martin, Plaintiffs in Error v. Beverly Chew" by United States Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: John A. Gibson and Kinchen A. Martin, Plaintiffs in Error v. Beverly Chew
- Author : United States Supreme Court
- Release Date : January 01, 1842
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Error to the Circuit Court for the Southern District of Mississippi. An action was instituted in the circuit court of the United States for the southern district of Mississippi, by Beverly Chew, a citizen of the state of Louisiana, against John A. Gibson and Kinchen A. Martin, citizens of the state of Louisiana. The action was brought to recover the amount of a promissory note drawn by John A. Gibson, in favor of, and indorsed by, Kinchen A. Martin, for $3500, and indorsed over to the plaintiff. The declaration set out the promissory note, the maker and indorser of the same being included in the same writ, under the provisions of an act of the legislature of Mississippi; which had been adopted as a rule of practice in the circuit court, by order of the district judge holding the circuit court. The defendants appeared to the action, and having demurred to the plaintiff's declaration, filed the following causes of demurrer. 1. This court has no jurisdiction, the plaintiff, in his declaration, being the assignee of Kinchen A. Martin, who is a citizen of the same state with the maker of the note sued on, as declaration avers. 2. The declaration does not aver defendants to be residents of the southern district of Mississippi. The demurrer was overruled, and the defendants having refused to plead to the merits of the action, judgment was rendered in favor of the plaintiff. The defendants prosecuted this writ of error.