Jamison v. Moon
Mississippi Supreme Court
Error to tbe circuit court of Chickasaw, comity. Bradford, J. Plaintiff in error assigns the following errors : 1st. In giving the instructions to the jury, asked by the plaintiff in the court below. 2d. In refusing the instructions asked by defendant in the court below. 3d. In overruling motion by plaintiff in the court below for a new trial. 4th.
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Error to tbe circuit court of Chickasaw, comity. Bradford, J. Plaintiff in error assigns the following errors : 1st. In giving the instructions to the jury, asked by the plaintiff in the court below. 2d. In refusing the instructions asked by defendant in the court below. 3d. In overruling motion by plaintiff in the court below for a new trial. 4th. The verdict was void, because it is for gold, and not for currency of United States. 1st. The court below certainly erred in holding that in an action of assumpsit the verdict of the jury should be for the highest value of the goods constituting…
1Opinion of the Court
Simrall, J:
W. B. Moon brought indebitatus assumpsit against A. J. *600Jamison, for the value of three bales of cotton. The errors impugn the decision of the circuit court in overruling a motion for new trial, and in granting instructions asked by the plaintiff, and in refusing an instruction prayed by the defendant, and in rendering a judgment for gold.
We cannot notice the assignment of error, because of overruling the motion for a new trial. The office of the bill of exception is to introduce matter in pais into the record. Such papers and proceedings in a cause as are “ of the record,” need not…
2Cited by10 opinions
- Danks v. RodeheaverWest Virginia Supreme Court · 1885
- Loughridge v. BowlandMississippi Supreme Court · 1876
- Brown v. EvansUnited States Circuit Court · 1883
- Murray v. MaceNebraska Supreme Court · 1894
- Ingram Day Lumber Co. v. RobertsonMississippi Supreme Court · 1922
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