Dent v. Ross
Mississippi Supreme Court
Error to the Circuit Court of Jefferson County. Hon. Uriah Millsaps, Judge. The facts in this case are stated in the opinion of the court. The following errors are assigned : 1. The court erred in not granting a' continuance in this-cause. 2. In granting instructions for plaintiff below. 3. In refusing instructions asked by defendant in the court, below. The court below should have granted a continuance of the cause for reasons stated in the affidavit.
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Error to the Circuit Court of Jefferson County. Hon. Uriah Millsaps, Judge. The facts in this case are stated in the opinion of the court. The following errors are assigned : 1. The court erred in not granting a' continuance in this-cause. 2. In granting instructions for plaintiff below. 3. In refusing instructions asked by defendant in the court, below. The court below should have granted a continuance of the cause for reasons stated in the affidavit. Plaintiff in error-expected to prove that, in the beginning of the year 1873, an agreement was made that the parties would have no partition…
1Opinion of the CourtChalmers, J.
The refusal of the court below to grant plaintiff in error a ■continuance cannot be noticed here. It was. not excepted to nor made grounds for new trial in the court below.
The case was this: Plaintiff in error, who was defendant below, impounded and assumed to hold two mules belonging to plaintiff below, which he alleged were trespassing upon his fields. He claimed to hold them under § 1922 of Code, until he should be paid the statutory allowance of 75 cents jper day for keeping them; though the weight of the testimony seems to establish that he declared that he would not surrender them until…
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