Legal Opinion

Partee v. Silliman

Mississippi Supreme Court

Decided October 15, 1870PublishedCited by 4 opinions

Error to the circuit court of Yazoo county. Campbell, J. The plaintiffs in error made the following assignments of error: 1st. The court below erred in permitting the deposition of S. 0. Nelson to be read to the jury. 2d. The court below erred in granting the instructions of. the plaintiff below, and in refusing those of the defendant. 3d.

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Error to the circuit court of Yazoo county. Campbell, J. The plaintiffs in error made the following assignments of error: 1st. The court below erred in permitting the deposition of S. 0. Nelson to be read to the jury. 2d. The court below erred in granting the instructions of. the plaintiff below, and in refusing those of the defendant. 3d. The court erred in rendering a judgment against William B. Partee, and also, in rendering a personal and general judgment against Sarah D. Partee, his co-defendant — she being a married woman. This action was founded on a promissory note made in Louisiana,…

1Opinion of the Court

Simuall, J.:

Sarah A. Partee, the wife of William B. Partee, co-defendant, was sued in assumpsit by William Silliman, to recover the amount due on a promissory note made and subscribed by the said Sarah A.

The errors assigned question the decision of the- circuit court, in granting and refusing instructions ; in admitting in evidence the deposition of Nelson, and in rendering judgment against Wm. B. Partee.

The objection taken to the deposition of Nelson, is that he was an incompetent witness.

The policy of modern legislation and judicial decision is rather to widen the door for the reception of…

2Cases cited6 opinions

  1. Warren v. MerryMassachusetts Supreme Judicial Court · 1807
  2. Griffith v. RefordSupreme Court of Pennsylvania · 1829
  3. Hill v. PaysonMassachusetts Supreme Judicial Court · 1801
  4. Brown v. BabcockMassachusetts Supreme Judicial Court · 1807
  5. Dougherty v. SnyderSupreme Court of Pennsylvania · 1826

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Bank of Louisiana v. WilliamsMississippi Supreme Court · 1872
  2. Couret v. ConnerMississippi Supreme Court · 1918
  3. Shacklett v. PolkMississippi Supreme Court · 1875
  4. Mhoon v. ColmentMississippi Supreme Court · 1875

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