Legal Opinion

Gulf & Ship Island Railroad v. Williams

Mississippi Supreme Court

Decided March 15, 1915PublishedCited by 11 opinions

Appeal from the circuit court of Lamar county. Hon. A. E. Weathersby, Judge. Suit hy Jonnie Williams against the Gulf & Ship Island Railroad Company. From a judgment for plaintiff, defendant appeals. Motion to dismiss appeal sustained. The facts are fully stated’in the opinion of the court.

1Opinion of the CourtStevens, J.

Appellee moves the court to dismiss the appeal in this case because ‘‘the record in said case shows affirmatively that a nonsuit was granted the plaintiff and there is no final judgment in the case from which an appeal could be prosecuted.”

*551Appellee sued appellant company in the circuit court of Lamar county, in an action of tort, and after testimony had been introduced for both parties appellant asked for a peremptory instruction. What was then done can best be stated in the language of the trial judge, as contained in the record:

“At the conclusion of the testimony for both sides in this case…

2Cases cited13 opinions

  1. Ex Parte City BankSupreme Court of the United States · 1844
  2. Bostwick v. BrinkerhoffSupreme Court of the United States · 1882
  3. Doudell v. ShooCalifornia Supreme Court · 1911
  4. Mower v. FletcherSupreme Court of the United States · 1885
  5. Starling v. StateMississippi Supreme Court · 1907

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

3Cited by11 opinions

  1. State ex rel. Brown v. Poplarville Sawmill Co.Mississippi Supreme Court · 1919
  2. Johnson v. Mississippi Power Co.Mississippi Supreme Court · 1940
  3. Roach v. Black Creek Drainage DistrictMississippi Supreme Court · 1949
  4. Solomon v. Continental Baking Co.Mississippi Supreme Court · 1936
  5. Dunagin v. First National BankMississippi Supreme Court · 1918

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

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