Reinhardt v. Evans
Mississippi Supreme Court
Error to the circuit court of Marshall county. Orr, J. The opinion of the court contains a sufficient statement of the case.
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Error to the circuit court of Marshall county. Orr, J. The opinion of the court contains a sufficient statement of the case. Insisted that the court erred in admitting the testimony of the plaintiff to establish his own claim, amounting more than fifty dollars, against the estate of a deceased person, citing Rev. Code of 1857, art. 190, p. 510, and commenting at length upon the following authorities: Griffin v. Lowe, 37 -Miss. 458; Hedges v. Aydelott, 46 Miss. 99; 2 S. & M. 75; 34 Miss. 432. Filed elaborate briefs, submitting' that because the plaintiff in the court was prosecuting the claim…
1Opinion of the Court
Tarbell, J.:
This suit was instituted in the circuit court of Marshall county, in 1868. The cause of action is indicated by the bill of particulars filed with the declaration, viz.:
“ George Gorman, to John H. Evans, debtor — January, 1863. To 1 bale cotton, weighing 520 lbs., at 40 cts. per lb., $216.”
The defendant appeared and pleaded the general issue. On the trial, John H. Evans, the plaintiff in the action, was tendered as a witness in his own behalf, but his examination was objected to by the defendant on the ground, of the incompetency of the said Evans to testify as a witness in the…
2Cases cited6 opinions
- Williams v. United StatesSupreme Court of the United States · 1843
- Learned v. CorleyMississippi Supreme Court · 1871
- Love v. TaylorMississippi Supreme Court · 1853
- Hollman v. BennetMississippi Supreme Court · 1870
- Griffin v. LowerMississippi Supreme Court · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Sweatman v. ParkerMississippi Supreme Court · 1873
- Rothschild v. HatchMississippi Supreme Court · 1877
- Clift v. ShockleyIndiana Supreme Court · 1881
- Rushing v. RushingMississippi Supreme Court · 1876
- Jones v. ShermanMississippi Supreme Court · 1879
1 more not listed; retrieve them via the Exa API.