Claiborne County MsArchives Court.....Douglas, Vs. Hendricks 1834
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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.

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