Welborn v. Spears
Mississippi Supreme Court
IN error from the Circuit Court of J ones county. Hon. J ohn Watts, judge. The' plaintiff below sued the defendant for a trespass which he alleged that the defendant had committed by entering upon his land and removing the dwelling and out-houses and some fence-rails situated on the premises. The defendant pleaded not guilty.
Read the full summary
IN error from the Circuit Court of J ones county. Hon. J ohn Watts, judge. The' plaintiff below sued the defendant for a trespass which he alleged that the defendant had committed by entering upon his land and removing the dwelling and out-houses and some fence-rails situated on the premises. The defendant pleaded not guilty. It appeared from the evidence that the defendant had purchased the improvements on the land from the person who made them, whilst it belonged to the government of the United States, and had under his contract entered into possession. The plaintiff af-terwards entered the…
1Opinion of the Court
HáNDY, J.,
delivered the opinion of the court.
The first objection taken to the judgment is, that the jury appear by the record to have been improperly sworn.
*141It appears that the jury were “ sworn a true verdict to give according to the evidence.” This was sufficient; and from the nature of the statement upon the point required to be made by the clerk in making up the record, it must be presumed that a due and formal oath was administered. Dyson v. State, 26 Miss. 362. If an insufficient oath was actually administered, it was the duty of the plaintiff in error to take exception to it at the…
2Cases cited1 opinion
- Dyson v. StateMississippi Supreme Court · 1872
3Cited by4 opinions
- Van Wagoner v. WhitmoreUtah Supreme Court · 1921
- Patterson v. ChaneyNew Mexico Supreme Court · 1918
- Agnew v. JonesMississippi Supreme Court · 1896
- Elliott v. PontiusIndiana Supreme Court · 1893