Wilson v. Owens
Mississippi Supreme Court
THIS was an action of assumpsit, commenced by the defendant in error against the plaintiif in error, in the circuit court of Monroe county. The plaintiif in the court below declared upon an indebitatus assumpsit for one hundred dollars, for use and occupation. The defendant pleaded non assumpsit. Up'on the trial, several opinions were asked by the defendant of the court to the jury, which were all refused by the court.
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THIS was an action of assumpsit, commenced by the defendant in error against the plaintiif in error, in the circuit court of Monroe county. The plaintiif in the court below declared upon an indebitatus assumpsit for one hundred dollars, for use and occupation. The defendant pleaded non assumpsit. Up'on the trial, several opinions were asked by the defendant of the court to the jury, which were all refused by the court. The defendant excepted; but it does not appear from the bill of exceptions at what time the exception was taken. The jury found a verdict for the plaintiif of twelve dollars…
1Opinion of the CourtJustice Smith
The record in this case does not show that the exceptions to the opinions of the court were taken at the time, and before the jury retired from the box. Repeated decisions of the supreme court of *127this state have established and confirmed the principle, that the appellate court will not notice exceptions to the opinion of a court; unless it shall appear from.the face of the bill of exceptions, that the exception was taken to the opinion of the court at the time of its delivery. The record before the court does not show, even by inference, that the instructions of the court to the jury, or the…
2Cited by1 opinion
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