Anderson v. Leland

Citations

• 48 Miss. 253

Syllabus

<p>1. Practice — pleading.—L. sued A. in assumpsit on two promissory notes, one in one count in the declaration for §353.50, and the other in another count for $338.20. Copies of the notes and an affidavit hy plaintiff, that the originals (< were taken hy the federal soldiers or destroyed them,55 were filed with the declaration. Defendant pleaded non-assumpsit to the whole declaration, and a speoific plea of non-assu/mpsit, sworn to, and probably intended as a plea of non est factum, to the first count. The jury found for the plaintiff on the second count, and took no notice of the first, judgment was signed, containing in the entry ie leave granted plaintiff to withdraw the evidence of debt in the first count mentioned.55 On error, this court refused to reverse the judgment because none of the errors here assigned appear to have been complained of in the court below.</p>