Windham v. Williams
Mississippi Supreme Court
In error from the circuit court of Neshoba county; Ho'n. F. M. Rogers, judge. The opinion contains the statement of the case.
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In error from the circuit court of Neshoba county; Ho'n. F. M. Rogers, judge. The opinion contains the statement of the case. The recital of the record is, “this day came the parties by their attorneys, and the issue joined; thereupon came a jury of twelve good and lawful men, to wit, H. E. Simmons and eleven others, who, being impanelled, tried, and sworn truly to try the issue joined between the parties, and the evidence having been heard, retired to consider of their verdict,” &c. This question has been so recently and fully considered by this court, and the rule upon the subject so…
1Opinion of the CourtJustice Handy
The testimony appearing in the record in this case cannot be taken into consideration, because it is not properly presented by bill of exceptions. The paper alleged to be a bill of exceptions has not the essential requisites of such a proceeding. It does not purport upon its face to be a bill of exceptions, nor does it show to what alleged error it was taken, nor whether taken pending the trial, or to the overruling the motion for a new trial. It does not purport to set out all the evidence given on the trial; but on the contrary, it appears, from the grounds of the motion for a new trial,…
2Cited by10 opinions
- Meridian City Lines v. BakerMississippi Supreme Court · 1949
- Southern Railway Co. v. Oliver & MorrowCourt of Appeals of Georgia · 1907
- Hall ex rel. Hall v. McClureSupreme Court of Kansas · 1923
- Boyd Construction Company v. BilbroMississippi Supreme Court · 1968
- Lake Erie & Western Railroad v. HalleckIndiana Court of Appeals · 1922
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