Oglesby v. Stribling

Citations

• 67 Miss. 666

Syllabus

<p>1. Practice. Issue term. Unsworn plea. Acts 1888, p. 82.</p> <p>Under the act of March. 6, 1888, relating to actions ex contractu, it is only where process has been served on defendant thirty days before court, that the plaintiff is entitled to a trial at the return term. The fact that the declaration is sworn to, and the defendant’s plea is not, does not change this.</p> <p>2. Same. Judgment at return term.</p> <p>If the declaration is sworn to, and the defendant, having thirty days’ notice, files an unsworn plea, on motion, it will be stricken out and judgment entered for plaintiff at the return term.</p>