Lenoir v. Moore
Mississippi Supreme Court
Appeal from the Circuit Court of Monroe County. Hon. J. W. Buchanan, Judge. A verdict will not be set aside because of the omission of the jury to pass upon all the issues, unless the omission prejudices the party complaining. White v. Bailey, 14 Conn. 276. Failure to decide the issue as to Hoskins & Bro. The subsequent judgment should be set aside and judgment entered in the appellant’s favor on the first verdict.
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Appeal from the Circuit Court of Monroe County. Hon. J. W. Buchanan, Judge. A verdict will not be set aside because of the omission of the jury to pass upon all the issues, unless the omission prejudices the party complaining. White v. Bailey, 14 Conn. 276. Failure to decide the issue as to Hoskins & Bro. The subsequent judgment should be set aside and judgment entered in the appellant’s favor on the first verdict. The circuit court was right in sustaining the motion in arrest of judgment. The grounds of the court’s action must be found on the face of the record. 2 Graham & Waterman on New…
1Opinion of the CourtCooper, J.
This is a suit brought by the appellee against the appellant and • the firm of Hoskins & Brother on a promissory note. The defendants pleaded jointly two pleas of payment, one being general *401in its terms, and the other setting up the special manner in which the payment had been made. Both pleas were of payment in full. By agreement of counsel it was provided that the appellant should be considered as having pleaded the same pleas alone. The cause was submitted on these pleas to the jury, which returned this verdict: “We the jury render verdict in favor of James L. Lenoir, defendant.”
The…
2Cited by2 opinions
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