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Benjamin G. Sims, Plaintiff in Error, v. Thomas Hundley U.S. 1 (1847)

handle is hein.slavery/ussccases0290 and id is 1 raw text is: THE DECISIONS OF THE SUPREME COURT OF THE UNITED STATES, AT JANUARY TERM, 1848. BENJ.Ami G. SiMs, PLAINTiFF iN ERROR, V. TeRoAs HuDLEY. The decisions of this court in Groves v. Slaughter, 15 Peters, 449, and Rowan v. Runnels, 5 Howard, 134, again affirmed. The continuance of a cause, or the refusal to continue it, rests m the sound dis- cretion of the court in winch the motion is made, and cannot be reviewed by writ of error. This, also, has been long settled. Under the statutes of Mississippi, a protest of promissory notes, and statement of notices given to the parties, eing certified under the notarial seal and verified by the affidavit of the notary, may be read m evidence. It is not necessary to introduce the notary, personally, to testify. Under a plea of uon assumpsit, testimony cannot be received relating to the resi- dence ofa party and hearing upon the jurisdiction of the court. THis case was brought up, by writ of error, from the Circuit Court of the United States for the Southern Distrct of Missis- sippi. In 1835, the following notes were executed. - $4,000. Port Gibson, 2d May, 1835. On the fifteenth day of February, eighteen hundred and thirty- seven, I promise to pay, to the order of Passmore Hoopes, four thousand dollars, value received, negotiable and payable at the office of the Planters' Bank at Port Gibson. H. N. SPENCER. Indorsed. Passmore Hoopes, Benj. G. Sims. $5,169. Port Gibson, May 2d, 1835. Twelve months after theflfteenth February, 1836, I promise to pay, without defalcation, to the order of Passmore Hoopes, five thousand one hundred sixty-nne dollars, value received, negotiable and payable at the office of the Planters' Bank at Port Gibson. H. N. SPENcER. Indorsed. Passmore Hoopes, Benj. G. Sims. VOL. VI. 1

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