Cary v. Dixon
Mississippi Supreme Court
Error to the Circuit Court of Hinds County. Hon. George F. Brown, Judge. The facts in this case are very fully stated in the opinion of the court.
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Error to the Circuit Court of Hinds County. Hon. George F. Brown, Judge. The facts in this case are very fully stated in the opinion of the court. Defendant assigns for error the following: 1. The circuit court erred in overruling the motion for a new trial, and refusing to grant the same; whereas the court should have sustained said motion, and have granted a new trial. 2. Under the law, upon the legal evidence in the case, the finding and judgment should have been for them, and against said Dixon. 3. Whereas, other errors, etc. Mrs. Waller took the land under act of 1846, subject to its…
1Opinion of the CourtTarbell, J.
Dixon brought ejectment against Waller and wife. Mrs. Cary was admitted to appear and defend. There was a joint plea by Waller and wife and Mrs. Cary. A jury was waived, and the cause was tried by the court. Judgment was rendered for the plaintiff. There was a motion for a new trial, because the said judgment and the decision of the court are contrary to law and the evidence; ” which motion was overruled. Thereupon, a bill of exceptions and a writ of error. It was agreed that all the evidence should be received, subject to all legal objections thereto.
1. The first item of evidence was a deed…
2Cases cited9 opinions
- Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
- Stevens v. StevensNew York Supreme Court · 1819
- Martin v. DwellyCourt for the Trial of Impeachments and Correction of Errors · 1830
- Doe ex dem. De Peyster v. HowlandNew York Supreme Court · 1828
- Bank of Louisiana v. WilliamsMississippi Supreme Court · 1872
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3Cited by4 opinions
- Taylor v. Hustead & TuckerTexas Commission of Appeals · 1924
- Warner v. HessSupreme Court of Arkansas · 1899
- Kohn v. CollisonSuperior Court of Delaware · 1893
- McCurdy v. BaughmanOhio Supreme Court · 1885