Waterbury v. McMillan

Citations

• 46 Miss. 635

Syllabus

<p>1. Stamps — note mat be stamped at trial. — A note or other promise in writing, not stamped according to acts of congress, may he stamped at the time of trial of a suit on it, and then be given in evidence, in the absence of fraud in the failure to stamp it originally. And mere failure to stamp is not evidence of intention to evade the law, but the objector must show it.</p> <p>2. Same — contract invalid por want op stamp — recovery may be had on its consideration. — If a contract in writing be invalid for want of a stamp, and, therefore, not admissible in evidence, the plaintiff can recover upon the consideration of the contract.</p> <p>3. Practice — error to try issue op pact and heave demurrer undis-posed op. — It is error to proceed to the trial of an issue of fact in a case, without disposing of a demurrer.</p> <p>4. Pleas puis darrein continuance. — The court cites numerous authorities on this subject and calls attention to them without announcing any definite conclusions of its own on this subject.</p>