Withers v. Hart
Mississippi Supreme Court
Erom the circuit court of Wilkinson county. HoN. Motse H. WilxiNSON, Judge. Hart, administrator, appellee, was plaintiff in the court below; Withers, appellant, was defendant there. Erom a judgment in plaintiffs favor against defendant, predicated of a peremptory instruction, the defendant appealed to the supreme -court. The facts are stated in the opinion of the court.
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Erom the circuit court of Wilkinson county. HoN. Motse H. WilxiNSON, Judge. Hart, administrator, appellee, was plaintiff in the court below; Withers, appellant, was defendant there. Erom a judgment in plaintiffs favor against defendant, predicated of a peremptory instruction, the defendant appealed to the supreme -court. The facts are stated in the opinion of the court. No testimony was offered to explain the alteration apparent on the face of the note; the defendant proposed to testify touching it, but was not permitted to do so on the ground that he could not testify to establish his…
1Opinion of the CourtSmith, J.
The court below erred in granting the peremptory instruction requested by appellee. It is apparent from the face of the note sued on that same had been materially altered. Without referring to all of the alterations claimed to have been made therein, it will be sufficient to say that this note was executed by filling in a printed form used by the Bank of Woodville, in which the name of the Bank of Woodville appeared as payee. This name, “Bank of Woodville,” was erased, and the name of J. A. Davidson, appellee’s intestate, was substituted therefor. Appellant by his plea alleged, and offered…
2Cases cited1 opinion
- Croft v. WhiteMississippi Supreme Court · 1858