Gulf & Ship Island R. v. Wells Lumber Co.
Mississippi Supreme Court
Appeal from, the circuit court of Lamar county. Hon. A. E. 'Weathersby, Judge. Suit by the Wells Lumber Company against the Gulf & Ship Island Railroad Company. From a judgment for plaintiff, defendant appeals. Appellee was plaintiff in the court below, and appellant was defendant. From a peremptory instruction to find for plaintiff, defendant appeals. Reversed.
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Appeal from, the circuit court of Lamar county. Hon. A. E. 'Weathersby, Judge. Suit by the Wells Lumber Company against the Gulf & Ship Island Railroad Company. From a judgment for plaintiff, defendant appeals. Appellee was plaintiff in the court below, and appellant was defendant. From a peremptory instruction to find for plaintiff, defendant appeals. Reversed. Section 1978 of the Code of 1906, referred to in the opinion, is as follows: “A person desiring to institute suit upon an open account in his favor, may make affidavit to the correctness of such account, and that it is due1 from the…
1Opinion of the CourtStevens, J.
Wells Lumber Company, appellee herein, sued the appellant in a justice court for labor performed and materials furnished “in rebuilding two bridges and repairs to transfers torn down and demolished by the switch engine of defendant on two. different occasions, to wit, October 30,1913, and November G, 7,1913, the aggregate value whereof is laid at the sum of one hundred and twenty-seven dollars and ninety-six cents.” The account was itemized and sworn to.. On trial of the appeal in the circuit court the plaintiff offered in evidence, over the objection of the defendant, the sworn itemized…
2Cases cited3 opinions
- Beasley v. New Orleans & Northeastern RailroadMississippi Supreme Court · 1907
- Evans v. Southern Railway Co.Mississippi Supreme Court · 1896
- Illinois Central R. R. v. AndrewsMississippi Supreme Court · 1884