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King v. Stauddy's Estate

King Et Al. v. Stauddy’s Estate Et Al.

King v. Stauddy's Estate, 115 So. 427 (Miss. 1928)
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Court
Mississippi Supreme Court · State Highest Courts
Decided
February 6, 1928
Docket
No. 26821.
Judges
Anderson
Citations
115 So. 427149 Miss. 2221928 Miss. LEXIS 32

Opinion of the Court — Anderson

Anderson, J., delivered the opinion of the court.

The view we take renders it unnecessary to decide whether or not appellants ’ claims are covered by chapter 217 of the Laws of 1918. Appellants’ claims arose out of their contracts with Stauddy. They were liquidated *223 claims. The amounts due each of the appellants were fixed sums. Under the law appellants were required to establish by a preponderance of evidence the amounts of their claims. This they failed to do. Taking the view of the evidence most favorable to appellants, it showed no more than that Stauddy was indebted to them in some amounts. As to what amounts, the evidence left wholly vague and indefinite. On such evidence the chancellor was without authority to render a decree for appellants fixing the amounts of their claims.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1940: 119402026peak 1940 · 1

Relies on it most ⓘ

  1. Nicholson v. Dent, Robinson & Ward198 So. 552 (Miss. 1940)

Most recent

  1. Nicholson v. Dent, Robinson & Ward198 So. 552 (Miss. 1940)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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