Goodman v. Moss
Mississippi Supreme Court
Appeal from the Circuit Court of Choctaw County. Hon. C. H. Campbell, Judge. Mrs. Eunice Moss having waived the tort, brought this action of assumpsit for the value of certain railroad cross-ties alleged by her to have been wrongfully converted by Goodman & Co. Suit was begun by levying an attachment on certain property belonging to Goodman & Co., who were non-residents.
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Appeal from the Circuit Court of Choctaw County. Hon. C. H. Campbell, Judge. Mrs. Eunice Moss having waived the tort, brought this action of assumpsit for the value of certain railroad cross-ties alleged by her to have been wrongfully converted by Goodman & Co. Suit was begun by levying an attachment on certain property belonging to Goodman & Co., who were non-residents. The effect of the evidence introduced on the first trial, as to the title of plaintiff to the cross-ties alleged to have been converted by defendants, is sufficiently stated in the opinion of the court. On the first trial the…
1Opinion of the CourtCampbell, J.
The view we take of this case renders unnecessary any examination of the questions arising out of the second .trial. The first verdict was clearly right, and should not have been set aside. There was in the first trial a complete absence of any evidence of the title of the plaintiff to the cross-ties. It was stated, generally, by witnesses in their narratives, that she had bought' them at a sale at the court-house under some attachments against one Leek, who owned them, but the attachment proceedings were not produced or any substitute for the evidence they would afford. The plaintiff’s right…
2Cited by2 opinions
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