Strickland v. Hudson
Mississippi Supreme Court
Error to the Circuit Court of Marshall County. Hon. Samuel Powell, Judge, specially presiding’, by ex-change with Hon. J. W. C. Watson. There were two trials in this case, in each of which Mrs. Hudson, the plaintiff below, testified, and in each obtained a verdict. A new trial was granted upon each verdict. Before ■the third trial Mrs. Hudson died, and' the suit was revived in the name of her administrator.
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Error to the Circuit Court of Marshall County. Hon. Samuel Powell, Judge, specially presiding’, by ex-change with Hon. J. W. C. Watson. There were two trials in this case, in each of which Mrs. Hudson, the plaintiff below, testified, and in each obtained a verdict. A new trial was granted upon each verdict. Before ■the third trial Mrs. Hudson died, and' the suit was revived in the name of her administrator. On the third trial the evidence of Mrs. Hudson, as given on the former trials, was ■offered before the jury. The defendant objected, but the •court overruled the objection, and the…
1Opinion of the CourtCampbell, J.
• The plaintiff in error, having had two new trials in this case, is not entitled to any benefit from his bill of exceptions tendered on the overruling of his motion for a new trial, and must be confined to his bill of exceptions to the ruling of the .court upon the admission and exclusion of evidence, as that is *241all that is embraced in the special bill of exceptions tendered: before the jury retired from the bar. Bowers, Admr., v. Ross,, ante, 213, and cases there cited.
It was proper to'admit the evidence of what Mrs. Hudson,, who had since died,.testified in a former trial. 1 Greenl. on…
2Cases cited2 opinions
- Jacks v. BridewellMississippi Supreme Court · 1876
- Monroe v. NapierSupreme Court of Georgia · 1874
3Cited by7 opinions
- Duncan v. GerdineMississippi Supreme Court · 1882
- Owens v. StateMississippi Supreme Court · 1886
- Jolly v. StateMississippi Supreme Court · 1972
- Stone v. HuntSupreme Court of Missouri · 1893
- Burke v. HorthDistrict Court, D. Wyoming · 1923
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