Withers v. Bullock
Mississippi Supreme Court
Error to the Circuit Court of Hinds County. Hon. George F. Brown, Judge. The defendant in error sued the plaintiff in error in an action of assumpsit for money paid out and services rendered for the plaintiff in error. The defendant below pleaded the general issue, Statute of Limitations and payment.
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Error to the Circuit Court of Hinds County. Hon. George F. Brown, Judge. The defendant in error sued the plaintiff in error in an action of assumpsit for money paid out and services rendered for the plaintiff in error. The defendant below pleaded the general issue, Statute of Limitations and payment. There was a verdict for the plaintiff below; and the defendant made a motion for a new trial, which was overruled, and a writ of error sued out. made several points based upon the admission or rejection of evidence, and as to the sixth instruction given for the plaintiff below insisted that it…
1Opinion of the CourtCampbell, J.
The evidence in this cause is so conflicting* that the verdict should not be disturbed, as being manifestly wrong upon the testimony.
We do not perceive any error in the admission as evidence of the receipt identified as that given by Bullock to A. McPike. Nor can we determine whether it was proper or not to exclude “ plantation book No. 2,” offered by Withers. The book was before the circuit judge, and is not before us, nor does the record contain enough to enable us to see that the circuit judge decided erroneously in the rejection of this book, and, therefore, we must hold that he decided…
2Cases cited1 opinion
- Ingraham v. BowieMississippi Supreme Court · 1857
3Cited by1 opinion
- Pindell v. HarrisMississippi Supreme Court · 1880