Dunbar v. Meyer, Deutch & Co.
Mississippi Supreme Court
Error to the circuit court of Adams county. Smiley, J. The plaintiff in error assigned the following errors : 1st. The verdict of the jury was excessive. 2d. The verdict of the jury was contrary to the instructions of the court. 3d. The verdict of the jury was against the law and the evidence. 4th. The court erred in overruling the motion for a new trial. 5th.
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Error to the circuit court of Adams county. Smiley, J. The plaintiff in error assigned the following errors : 1st. The verdict of the jury was excessive. 2d. The verdict of the jury was contrary to the instructions of the court. 3d. The verdict of the jury was against the law and the evidence. 4th. The court erred in overruling the motion for a new trial. 5th. The judgment was erroneous in this, that it is against the defendant, Sarah M. Dunbar, a married woman, and is general and without limitation; that the execution should be levied of her separate property acquired by her under the…
1Opinion of the Court
Simrall, J.:
Suit was begun in the circuit court of Adams county, by Meyer, Deutch & Co., against William H. Dunbar and Sarah, his wife, to recover on an account for merchandise sold and delivered. The declaration in each of several counts charges the indebtedness, in substance, “ for divers goods, wares and merchandise sold to Sarah, the wife; for necessary apparel and necessaries for herself and children, and at her instance and request.” The case was submitted to the jury on the plea of non assumpsit by Dunbar and wife ; verdict for the plaintiffs.
The errors complained of by the plaintiffs…
2Cases cited1 opinion
- Hardin v. PelanMississippi Supreme Court · 1866
3Cited by2 opinions
- Galtney v. WoodMississippi Supreme Court · 1928
- Skehan v. Davidson Co.Mississippi Supreme Court · 1933