Moore v. Knox

Citations

• 46 Miss. 602

Syllabus

<p>i. Pleading — abatement — character of plaintiff. —The character in which the plaintiff sues can be denied only by plea in abatement, and such plea must be sworn to and pleaded in its proper order; and such a plea not sworn to is demurrable.</p> <p>■2. Same — case in hand. — In this case the pleas were statute of limitations and denial of the character in which plaintiff sued, and were not sworn to: Held, a demurrer was properly sustained to the latter plea.</p> <p>3. Statute construed — Rev. Code of 1857, p. 357, art. 11. — The statute requiring all the parties to bills of exchange and promissory notes, resident in this state, to be sued in one action, applies only to bills of exchange and indorsed notes, where there are parties secondarily liable, and does not embrace' the case of joint makers of a promissory note, even though one be a surety. In such case all are makers, and the action may be brought in the county where any of the makers reside; and it is not error to dismiss as to one of the makers, and take judgment against another, even though the latter be a mere surety on the note.</p>