Ratliffe v. Collins
Mississippi Supreme Court
ERROR, to the Circuit Court of Yazoo county. Hon. William Cothran, judge. Cited Franklin v. Beatty, 27 Miss. R. 347; Boarman v. Gfrovest 23 lb. 280. Cited Gfarrisson v. Fisher, 26 Miss. R. 352; Wells v. Treadwell, 28 lb. 717. This case comes before the court, on the refusal of the court below to grant a new trial. No exception was taken to any ruling of the court during the trial, and all the instructions asked for plaintiff and defendant, were given.
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ERROR, to the Circuit Court of Yazoo county. Hon. William Cothran, judge. Cited Franklin v. Beatty, 27 Miss. R. 347; Boarman v. Gfrovest 23 lb. 280. Cited Gfarrisson v. Fisher, 26 Miss. R. 352; Wells v. Treadwell, 28 lb. 717. This case comes before the court, on the refusal of the court below to grant a new trial. No exception was taken to any ruling of the court during the trial, and all the instructions asked for plaintiff and defendant, were given. Those asked for, on behalf of plaintiff below, seem to us to be too clear to admit of argument. The third, which seems to be the objectionable…
1Opinion of the CourtHarris, J.
It appears, from the record in this case, that Seaborn Collins, having previously obtained a judgment in the Circuit Court of Yazoo county, against Samuel N. Ratliffe, caused execution to be levied on the negro man Brister, in controversy. Nancy Ratliffe, wife of the defendant in execution, interposed her claim under the statute, and gave bond for the trial of the right of property; an issue was found, and verdict and judgment rendered for the plaintiff in execution. This writ of error is prosecuted to reverse that judgment.
1st. Because the court erred, in granting the third instruction asked…
2Cited by1 opinion
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