McGavock v. Whitfield

Citations

• 45 Miss. 452

Syllabus

<p>1. Pleading—object op pleading.—The object of pleading is to put upon the record the altercations of parties, until they come to an issue of fact or law.</p> <p>2. Same—rule as to departure in pleading.—All the pleadings by the plaintiff subsequent to his declaration must be in aid and support of the cause of action therein stated.</p> <p>3. Same —same—same as to dependant’s pleadings.—So the defendant must conform his rejoinder to a maintenance of the defense made by the plea.</p> <p>4. Same — same—declarations against married women, and replications.—Where to a declaration on a promisory note, the plea of coverture is set up, the new matter, that the consideration of the note brought the contract Within the 25th article of the Code of 1857, in reference to married women and their separate estate, mayproperly be putin application to the plea.</p> <p>5. Same—same—epeectoea demurrer.—A demurrer brings into .review the whole record and should be applied to the first material defect in the pealdings.</p> <p>6. Same—same—rude as to pleadings subsequent to the declaration. —After the declaration, the pleadings must be either a traverse or confession and avoidance.</p> <p>6. Same—same—same.—A rej oinder containing no new matter of avoidance, and concluding with a verification, is ill pleading,</p> <p>7. Husband and wipe — coverture no protection to husband.—A wife’s coverture is not a bar to a recovery against a husband, on her promissory note, where he is surety.</p> <p>8. Same —wipe’s contracts ie laweul, not aeeected by sureties.—If a wife’s contract be such as she can make within the terms of the married woman’s law, it is obligatory on her although other parties sign as her sureties.</p> <p>9. Guardian and ward—guardian cannot bind ward’s estate as surety.—There is no law which permits a guardian to bind the estate of his ward by incurring for him the obligation of surety for another.</p>