Memphis Machine Works v. City of Aberdeen

Citations

• 77 Miss. 420

Syllabus

<p>1. Pleading. Tender. Code 1893, g713. Account.</p> <p>If a defendant sued upon an open account fail to plead to a part of the items sued for and make a tender into court, under code 1892, § 713 authorizing such a proceeding, of the sum not denied, the plaintiff is entitled to a judgment for the 'items not put in issue, without acceptance of the same in satisfaction of his suit, even if he goes to trial and loses on the other items..</p> <p>2. Same. Effect of the statute.</p> <p>The only effect of. the statute, code 1892, $ 713, authorizing a tender of a sum of money into court in satisfaction of a plaintiff’s demand, is to impose costs upon the plaintiff if he fail to recover a sum in excess of the tender.</p> <p>3. Constitutional Law. Constitution 1890, sec. 14.</p> <p>The legislature is without power, under constitution of 1890, sec. 14, providing that “no person shall he deprived of life, liberty •or property except by due process of law,” to deprive a plaintiff of a sum of money admitted to be due him.</p>