BELL V. MAYOR OF VICKSBURG, 64 U. S. 443 (1859)

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U.S. Supreme Court

Bell v. Mayor of Vicksburg, 64 U.S. 23 How. 443 443 (1859)

Bell v. Mayor of Vicksburg

64 U.S. (23 How.) 443


The statutes of Mississippi provide that no plea of non est factum shall be admitted or received unless the truth thereof shall be proved by oath or affirmation.

A plea of that kind was filed without the affidavit, and demurred to by the plaintiff.

Although, upon the general principles of pleading, a demurrer only calls is question the sufficiency of what appears on the face of the pleading, and does not reach the preliminary steps necessary to be taken to put it upon file, yet as the state courts where such a statute exists have held that the plea of non est factum is demurable if there be no affidavit, and the course of practice in the circuit court conforms to the state practice, this Court also holds that such a plea is demurable.

Page 64 U. S. 444

The nature of the suit and the various defenses made are stated in the opinion of the Court.

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