Calhoun v. Calhoun
Mississippi Supreme Court
Error to the Circuit Court of Yallabusha county. Hon. William Cothran, judge. The substance of the pleadings and evidence is fully stated in the opinion of the court. The defendant objected to the introduction of the testimony of Harper and Thompson, in relation to the settlement, unless proof was made of the loss and destruction of the writing. This objection was overruled, and defendant excepted.
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Error to the Circuit Court of Yallabusha county. Hon. William Cothran, judge. The substance of the pleadings and evidence is fully stated in the opinion of the court. The defendant objected to the introduction of the testimony of Harper and Thompson, in relation to the settlement, unless proof was made of the loss and destruction of the writing. This objection was overruled, and defendant excepted. This action of the court, and the overruling of the motion for a new trial, are assigned for error in this court.
1Opinion of the CourtSmith, C. J.
This was an action to recover the amount of a bill single. The *669jury having found a verdict for the defendant, the plaintiff entered his motion for a new trial, which was overruled. Whereupon, he excepted, and prosecuted this writ of error.
The exception mainly relied on is, that the verdict was not authorized by the evidence; and hence, that the court erred in refusing to grant a new trial.
The defence in the court below was based on the ground, that there was entire failure or want of consideration in the instrument sued on. To prove this fact, the testimony of Mrs. Calhoun and two other…
2Cited by2 opinions
- Sykes v. MooreMississippi Supreme Court · 1917
- Bissinger v. LawsonMississippi Supreme Court · 1879