Rushing v. Rushing
Mississippi Supreme Court
ERROR to the Circuit Court of Lealce County. Hon. W. B. CuNNINGI-iam, Judge. The opinion of the court contains a sufficient statement of the case, with the facts necessary to a full understanding of' the principles.
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ERROR to the Circuit Court of Lealce County. Hon. W. B. CuNNINGI-iam, Judge. The opinion of the court contains a sufficient statement of the case, with the facts necessary to a full understanding of' the principles. The errors assigned are substantially as follows : 1. In refusing to admit W. S. Rushing to testify in this case. 2. In overruling motion for a new trial. 3. In rendering judgment. 4. In granting 3d instruction for defendant in error. 1. The testimony of defendant below (Rushing) was objected to, as coming under the provisions of the Code, 1871, § 758. The objection was sustained.…
1Opinion of the CourtChalmers, J.
The only question properly presented by the record is as to ■ the exclusion as a witness of plaintiff in error, defendant below.
The suit was brought in replevin by plaintiff below, as-administrator of the estate of his intestate, claiming possession and title of some cattle and horses, which were alleged to be' wrongfully withheld by defendant and his wife. Defendant demanded the right to testify in person on the trial, notwithstanding the suit was brought by the administrator in his representative capacity, upon the ground that the very point at issue was whether the property did belong to…
2Cases cited1 opinion
- Reinhardt v. EvansMississippi Supreme Court · 1873
3Cited by6 opinions
- Rothschild v. HatchMississippi Supreme Court · 1877
- Saffold v. HorneMississippi Supreme Court · 1894
- Brown v. ParkerMississippi Supreme Court · 1926
- Whittaker v. GoodwinMississippi Supreme Court · 1910
- Barry v. SturdivantMississippi Supreme Court · 1876
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