Mhoon v. Colment

Citations

• 51 Miss. 60

Syllabus

<p>1. Husband and Wine: Judgments against married woman. Liability of husband. Practice.</p> <p>Tbe iormal joinder of a busband in a suit against tbe wife for ber debt, does not warrant a judgment against tbe busband, in tbe absence of any promise or understanding on bis part.</p> <p>2. Practice : Bills of exceptions.</p> <p>The action of a court upon the competency of evidence cannot be considered unless tbe testimony offered is set forth in tbe record, f</p> <p>3. Same:</p> <p>On motion to enter judgment of affirmance as to Mrs. Mhoon, and reversal as to Mr. Mhoon.</p> <p>Per Simrall, J.</p> <p>4. Common Law Statutes: Judgments in suits on joint and several contracts.</p> <p>By tbe common law, in all suits upon joint and several contracts, whenever tbe judgment was erroneous as to one defendant, it was so as to all. Such is tbe law now, except in so far as it is changed by tbe code, secs. 2237 to 2241 inclusive. Under this statute, tbe right to render a judgment against one or more, and grant a new trial as to others, applies only to suits on “promissory notes and bills of exchange.”</p> <p>5. Same : Same.</p> <p>In all other suits upon joint and several contracts, except upon “notes” and “ bills of exchange,” a judgment erroneous as to one, is erroneous as to all.</p>