William J. Austin & Co. v. Feamster
Mississippi Supreme Court
Error from the Madison circuit court. This was an action of assumpsit for lumber sold and delivered. Several points were assigned for error and argued at length by counsel, but as the opinion of the court turns upon one of them alone, we shall only notice those portions of the record and arguments that refer to that point. The plea filed in the case was non assumpsit.
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Error from the Madison circuit court. This was an action of assumpsit for lumber sold and delivered. Several points were assigned for error and argued at length by counsel, but as the opinion of the court turns upon one of them alone, we shall only notice those portions of the record and arguments that refer to that point. The plea filed in the case was non assumpsit. The plaintiffs filed a bill of discovery against the defendant, which was answered—(the controversy on that subject, however, we omit.) The plaintiffs then introduced N. W. Staples, who being sworn on his voire dire, was asked…
1Opinion of the CourtChief Justice Sharkey
This was an action of assumpsit, brought by the plaintiffs, to recover the price of a quantity of lumber. To prove their account, the plaintiffs introduced N. W. Staples as a witness, who being sworn on his voir dire, stated that he was not interested in the event of the suit. He was also asked whether, in case the plaintiffs succeeded, he did not believe he would be liable to the defendant for the amount recovered, to which he replied that he did not know. He was further asked whether he had purchased the lumber for the defendant, and if so, on what authority he had done so 1 ''He replied…
2Cited by2 opinions
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