Armstrong v. Whitehead
Mississippi Supreme Court
From the circuit court of Yazoo county. Hon. [Robert Powell, Judge. Armstrong, appellant, was the plaintiff, and -Whitehead, appellee,, was defendant in the court below. From a judgment in' plaintiff’s favor, but for a sum much less that his demand, he appealed to the supreme court, and the defendant then prosecuted a cross-appeal.
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From the circuit court of Yazoo county. Hon. [Robert Powell, Judge. Armstrong, appellant, was the plaintiff, and -Whitehead, appellee,, was defendant in the court below. From a judgment in' plaintiff’s favor, but for a sum much less that his demand, he appealed to the supreme court, and the defendant then prosecuted a cross-appeal. Thereupon the appellant moved the court to dismiss the cross-appeal, because the cross-appellant, defendant, did not move for a new trial in the court below. The facts are stated in the opinion of the court. The purpose of a motion for a new trial is to bring to…
1Opinion of the CourtWhitfield, C. J.
Appellant sued appellee for $144. In the course of the trial appellee, defendant below, reserved various exceptions to the action of the court in admitting and excluding evidence. So it was, however, that ultimately the judgment was rendered in favor of appellant, plaintiff below, for only $59. Defendant below made no motion for a new trial being satisfied with the result. Plaintiff below, dissatisfied with the amount of the recovery, made a motion for a new trial, which was overruled, and then brought the record to this court by appeal. Defendant below, finding plaintiff below had appealed,…
2Cases cited2 opinions
- Memphis & Charleston Railroad v. ChastineMississippi Supreme Court · 1877
- State v. SpenglerMississippi Supreme Court · 1896
3Cited by3 opinions
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- Richburger v. StateMississippi Supreme Court · 1907
- Hayes v. Slidell Liquor Co.Mississippi Supreme Court · 1911