George v. Hewlett
Mississippi Supreme Court
From the circuit court of Lauderdale county. Hon. S. H. Terral, Judge. The facts are stated in the opinion. "Plaintiff had judgment in the court below. Motion for new trial overruled. Defendant appeals. 1. The court erred in excluding the evidence offered to show the destruction of the property by fire without the defendant’s fault.
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From the circuit court of Lauderdale county. Hon. S. H. Terral, Judge. The facts are stated in the opinion. "Plaintiff had judgment in the court below. Motion for new trial overruled. Defendant appeals. 1. The court erred in excluding the evidence offered to show the destruction of the property by fire without the defendant’s fault. Whitfield v. Whitfield, 44 Miss., 254; Irion v. Hume, 50 lb., 419; Atkinson v. Foxworth, 53 lb., 741. These cases hold that it is a good defense to establish the loss or destruction of property without the fault of the person having custody thereof. Under the…
1Opinion of the CourtCooper, J.
This is an action of replevin, brought by the appellee against the testatrix of appellant, to recover possession of numerous articles of personal property, among which were a piano, piano stool and cover, a sewing-machine and a diamond ring. The articles, other than those specifically named, were delivered to the plaintiff' upon her entering into bond, conditioned as the law directs. The officer failed 'to find the diamond ring, and, upon his return-to that effect, the plaintiff counted in trover for said ring, under §2619, code'1880.
*4The piano, stool and cover and the sewing-machine were…
2Cases cited1 opinion
- Whitfield v. WhitfieldMississippi Supreme Court · 1870
3Cited by8 opinions
- Fair v. Citizens' State BankSupreme Court of Kansas · 1904
- Mars v. HendonMississippi Supreme Court · 1937
- Caldwell v. StilesSupreme Court of Oklahoma · 1920
- Jacobs v. WalkerSupreme Court of Oklahoma · 1923
- Bradley v. CampbellMissouri Court of Appeals · 1908
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