Goodman v. Ford
Mississippi Supreme Court
In error from the circuit court of De Soto county; Hon. F. M. Rogers, judge. The facts of the case are sufficiently stated in the opinion of the court. The court below erred in not sustaining the motion of plaintiffs, to exclude the testimony of Lewis and Jones, so far as the same tended to contradict the release under seal executed by defendant. The demurrer to evidence did not operate as a waiver of this error.
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In error from the circuit court of De Soto county; Hon. F. M. Rogers, judge. The facts of the case are sufficiently stated in the opinion of the court. The court below erred in not sustaining the motion of plaintiffs, to exclude the testimony of Lewis and Jones, so far as the same tended to contradict the release under seal executed by defendant. The demurrer to evidence did not operate as a waiver of this error. This point is ably considered and decided, in the case of Dishazer v. Maitland, 12 Leigh’s Va. Rep. 524. The testimony of Lewis and Jones was incompetent, because it was parol…
1Opinion of the CourtChief Justice Smith
This was an action of assumpsit brought in the circuit court *595of De Soto county, by the plaintiffs in error against the defendants, as the maker and assignor of a promissory note. On the trial, the plaintiffs read in evidence the note sued on, and there rested their cause. The defendants then introduced the evidence on which they relied; after which, rebutting testimony was introduced by the plaintiffs. The evidence having been closed on both sides, an opening argument was addressed to the jury by counsel for the plaintiffs. At this stage of the trial, the plaintiffs moved the court for leave…
2Cited by5 opinions
- Moore v. First Nat. Bank of Iowa CitySupreme Court of Oklahoma · 1912
- Jacobs v. JolleyIndiana Court of Appeals · 1902
- Swan v. Liverpool, London & Globe InsuranceMississippi Supreme Court · 1876
- Swinford v. FinckNebraska Supreme Court · 1941
- Bowman v. DewingWest Virginia Supreme Court · 1901