Wilson v. Zook
Mississippi Supreme Court
From the circuit court of DeSoto county. Hon. Jambs T. Fant, Judge. W. T. Zook sued John D., George and Marlin Wilson aS partners in trade, under the firm name of Wilson & Bros., on an open account for $480.21, for cutting and hauling saw-logs. The defendants, George and Marlin Wilson, pleaded the general issue, and also filed a special plea, denying that a partnership existed between them and John D. Wilson.
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From the circuit court of DeSoto county. Hon. Jambs T. Fant, Judge. W. T. Zook sued John D., George and Marlin Wilson aS partners in trade, under the firm name of Wilson & Bros., on an open account for $480.21, for cutting and hauling saw-logs. The defendants, George and Marlin Wilson, pleaded the general issue, and also filed a special plea, denying that a partnership existed between them and John D. Wilson. The defendants made application for a continuance on account of the absence of a certain book, which contained the items of account upon which the suit was based. The application was…
1Opinion of the CourtCooper, J.
The application for a continuance by the defendants was properly refused. The book desired by the defendants, to be used in evidence, and because of the absence of which the continuance was asked, was last in possession of John D. Wilson, who, on leaving the state, left it, as he thinks, in his room at Mrs. Jones’. Mrs. Jones was introduced as a witness, on the hearing of the application, and stated that she had made search for it, and it could not be found. One book was found by her after Wilson left the state, which was delivered to one McNeely, but it was not the book the defendants…
2Cases cited1 opinion
- Liverpool & London & Globe Insurance v. Van Os & ShusterMississippi Supreme Court · 1886
3Cited by14 opinions
- Yazoo & Mississippi Valley Railroad v. WilliamsMississippi Supreme Court · 1905
- Clisby v. Mobile & Ohio RailroadMississippi Supreme Court · 1901
- Barrett v. StateMississippi Supreme Court · 1971
- National Casualty Co. v. JohnsonMississippi Supreme Court · 1953
- Poole v. StateMississippi Supreme Court · 1957
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