Finley v. Hunt
Mississippi Supreme Court
ERROR to the Circuit Court of Tippah County. Hon. J. W. C. Watson, Judge. This was an action of replevin by H. J. Finley against Thomas. A. Hunt, sheriff of Tippah County. Y. N. Finley testified as a witness for the plaintiff below.
Read the full summary
ERROR to the Circuit Court of Tippah County. Hon. J. W. C. Watson, Judge. This was an action of replevin by H. J. Finley against Thomas. A. Hunt, sheriff of Tippah County. Y. N. Finley testified as a witness for the plaintiff below. The third instruction given for the defendant was as follows: “If the jury believe from the testimony that H. J. Finley, or Y. N. Finley, or both, falsely testified as to any material matter, then he, or they, are not entitled to credit as to any other matter to which they may have testified.” The verdict was for the defendant, and to the judgment thereon the…
1Opinion of the CourtChalmers, J.
The testimony was conflicting, and would, perhaps, have supported a verdict for either party.
The third instruction given for defendant was erroneous. By it the jury were informed that if they believed that plaintiff, or his principal witness, “ had falsely testified as to any material matter, that then they are not entitled to credit as to any other matter as to which they may have testified.” This chai’ge makes the maxim, Falsus in uno, falsus in omnibus, *223operate as a conclusive presumption of law, whereas it is only an advisory suggestion to the jury, which warns them to receive such…
2Cited by7 opinions
- Spivey v. StateMississippi Supreme Court · 1881
- Gulf, M. N.R. Co. v. WeldyMississippi Supreme Court · 1942
- Waldrop v. StateMississippi Supreme Court · 1910
- Davis v. StateMississippi Supreme Court · 1906
- Jeffries v. StateMississippi Supreme Court · 1900
2 more not listed; retrieve them via the Exa API.