Batesville Gin Co. v. Whitten
Mississippi Supreme Court
From tbe circuit court of, second district, Panola county. HoN. Wixxxam A. Koane, Judge. Whitten, appellee, was plaintiff in the court below; the gin company, appellant, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. Whitten, the plaintiff, sent seed cotton in the afternoon to the gin company, defendant, to- be ginned.
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From tbe circuit court of, second district, Panola county. HoN. Wixxxam A. Koane, Judge. Whitten, appellee, was plaintiff in the court below; the gin company, appellant, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. Whitten, the plaintiff, sent seed cotton in the afternoon to the gin company, defendant, to- be ginned. It was during the same afternoon ginned, baled and tagged by the company and placed in the yard for return to the owner, and the agent of the plaintiff, who brought the cotton to the gin, not having left the premises and…
1Opinion of the CourtMates, J.
This case has been before the court twice. The first report of the case is on page 616 of 48 Southern. In the report of the first case it is shown that the reversal Was because of a peremptory instruction given for appellees. When the case was first reversed, we did not think that we should direct a peremptory instruction in favor of the gin company, because we did not know what facts a new trial might develop’, and therefore we left the case to be tried in the lower court just as though there had never been any former trial. It was our view then, on the facts of the case as they then…
2Cited by6 opinions
- Sgro v. Getty Petroleum Corp.District Court, D. New Jersey · 1994
- Milner Enterprises, Inc. v. JacobsMississippi Supreme Court · 1968
- Marlow v. Conway Iron WorksSupreme Court of South Carolina · 1924
- Pope v. AndrewsMississippi Supreme Court · 1978
- Harry Dole Dodge of Pascagoula, Inc. v. CoxMississippi Supreme Court · 1971
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