Stone v. Heggie
Mississippi Supreme Court
From the circuit court of, first district, Carroll county. Hon. William F. Stevens, Judge. Heggie, appellee, was plaintiff, and Stone, appellant, and another were defendants in the court below. From a judgment in favor of plaintiff against the appellant defendant appealed to the supreme court. The suit was dismissed as to the other defendant.
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From the circuit court of, first district, Carroll county. Hon. William F. Stevens, Judge. Heggie, appellee, was plaintiff, and Stone, appellant, and another were defendants in the court below. From a judgment in favor of plaintiff against the appellant defendant appealed to the supreme court. The suit was dismissed as to the other defendant. The jury were told by plaintiff’s third instruction, unconditionally, to find for the plaintiff, if in fact the defendant struck the plaintiff with a stick in the second encounter, and if Dave Stone assaulted the plaintiff. This takes no account of any…
1Opinion of the Court
Price, J.,
delivered tbe opinion of tbe court.
This is a suit for damages in the circuit court of Carroll county by I. E. Heggie against I. B. and Dan Stone jointly, and grew out of assault and battery. In the fight I. B. Stone used a walking stick and Dan Stone used his fist. There were two separate assaults within an hour of ea.ch other, and two counts in the declaration; one upon each assault. Before the trial of the case in the court below, plaintiff dismissed his suit against Dan Stone, and elected to proceed against I. B. Stone alone. There is no pretense of any conspiracy on the part of…
2Cases cited3 opinions
- People v. RodrigoCalifornia Supreme Court · 1886
- Pittman v. StateSupreme Court of Florida · 1889
- Skidmore v. StateTexas Supreme Court · 1875
3Cited by3 opinions
- Choate v. PierceMississippi Supreme Court · 1921
- Holliman v. LucasMississippi Supreme Court · 1947
- Woods v. Illinois Cent. R. Co.Mississippi Supreme Court · 1928