Legal Opinion

Bourland v. Board of Supervisors

Mississippi Supreme Court

Decided April 15, 1883PublishedCited by 2 opinions

Appeal from the Circuit Court of Itawamba County. Hon. J. A. Green, Judge. After this case was remanded, on reversal of the judgment for errors in the charges in view of the facts, a suggestion of ■error was filed for the appellee and a reargument grauted upon the single point, whether the transcript presented an •objection which this court could notice.

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Appeal from the Circuit Court of Itawamba County. Hon. J. A. Green, Judge. After this case was remanded, on reversal of the judgment for errors in the charges in view of the facts, a suggestion of ■error was filed for the appellee and a reargument grauted upon the single point, whether the transcript presented an •objection which this court could notice. The object of excepting to the Circuit Court’s action in giving or refusing charges is to admonish the circuit judge, and thus the Supreme Court, in some way, that the party excepting relies on the court’s action as error. Under our statute,…

1Opinion of the CourtChalmers, J.

The record fails to show that any exception was taken in the lower court to anything there done. The instructions are marked “given” or “refused” as the case was, and as the statute requires, and are thereby made a part of the record, though the action of the court in giving or refusing them was not excepted to.

A motion for a new trial was made upon the double ground *1001that the court erred in the giving and refusing of instructions, and that tbe verdict was contrary to tbe evidence ; but no exception was taken to the action of tbe coui’tin overruling the motion. It is admitted by counsel for…

2Cases cited2 opinions

  1. Field v. WeirMississippi Supreme Court · 1854
  2. Barney v. ScherlingMississippi Supreme Court · 1866

3Cited by2 opinions

  1. Alexander v. FloodMississippi Supreme Court · 1900
  2. McCorkle v. Illinois Central RailroadMississippi Supreme Court · 1911

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