Byers v. McDonald
Mississippi Supreme Court
Appeal from the circuit court of Harrison county. Hon. W. H. Hardy, Judge.' Suit by Jas. J. Byers et al. against W. E. McDonald. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. We respectfully submit and insist that the grounds set out by appellee in his motion for the peremptory instruction granted in this case, are wholly insufficient to support said motion under the law controlling this case.
Read the full summary
Appeal from the circuit court of Harrison county. Hon. W. H. Hardy, Judge.' Suit by Jas. J. Byers et al. against W. E. McDonald. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. We respectfully submit and insist that the grounds set out by appellee in his motion for the peremptory instruction granted in this case, are wholly insufficient to support said motion under the law controlling this case. The first ground of said motion is as follows to-wit: “Because the suit was instituted before the plaintiffs had any patent right to convey.”…
1Opinion of the CourtAnderson, J.
Appellants, J. J. Byers, W. A. Davis, and F. W. Bell, sued appellee on a promissory note for five hundred dollars, executed by the latter to appellants. After the testimony for both the appellants and appellee was in, the court instructed the jury to return a verdict for appellee, which was done, and judgment entered accordingly, from which appellants prosecute this appeal.
The facts necessary to be stated are: Appellants had applied for a patent for a certain device for treating shingles to preserve them. Appellee bought the right from appellants, to sell this patent, when procured, in…
2Cited by4 opinions
- Gannaway v. TolerMississippi Supreme Court · 1920
- Gardner v. ReedMississippi Supreme Court · 1949
- Daggett v. Prudential Life Ins. Co.Mississippi Supreme Court · 1936
- Lauchly v. ShurleyMississippi Supreme Court · 1953