Brown v. Carraway
Mississippi Supreme Court
Error to the circuit court of Hinds county, 2d district. Brown, J. The opinion contains a sufficient statement of the case. Contended, that this court must reverse the judgment and pronounce such judgment on the verdict as should have been done in the court below, eiting Code of 1871, §§ 431, 648 ; Adams v. Guice, 30 Miss. 397, 408. Counsel discussed at length other questions which are not decided by the court.
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Error to the circuit court of Hinds county, 2d district. Brown, J. The opinion contains a sufficient statement of the case. Contended, that this court must reverse the judgment and pronounce such judgment on the verdict as should have been done in the court below, eiting Code of 1871, §§ 431, 648 ; Adams v. Guice, 30 Miss. 397, 408. Counsel discussed at length other questions which are not decided by the court. Insisted that a writ of error will not lie to the judgment of the circuit court granting a new trial, and that this case is prematurely brought here and should be dismissed.
1Opinion of the Court
SlMRALL, J.:
This writ of error, is presented by B. L. Brown, to revise the judgment of the circuit court, setting aside a verdict in his favor and granting to the plaintiff a new trial. The case in the circuit court was an appeal from the justice of the peace, taken by Brown, to a judgment rendered in favor of Carraway, plaintiff in that court, for $83.
Upon the trial de novo in the circuit court, there was a verdict for Brown. Upon Carraway’s motion the verdict was set aside and a new trial awarded. Brown excepted, embraced the testimony in a bill of exceptions, and has brought the case here.
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2Cases cited1 opinion
- S. & F. Dorr & Co. v. WatsonMississippi Supreme Court · 1854
3Cited by8 opinions
- Brown v. SuttonMississippi Supreme Court · 1929
- Gulf & Ship Island Railroad v. WilliamsMississippi Supreme Court · 1915
- Robertson v. Southern Bitulithic Co.Mississippi Supreme Court · 1922
- Brown v. City of Water ValleyMississippi Supreme Court · 1975
- State v. KeetonMississippi Supreme Court · 1936
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