Phillips v. Cooper
Mississippi Supreme Court
Error to tbe Circuit Court of Holmes County. Hon. C. C. Shackelford, Judge. The facts sufficiently appear in the opinion of the court. It is error to give instructions which are not called for by the evidence, because they tend to mislead the jury ; creating in their minds the idea that in the opinion of the court there is such evidence. It is an assumption that such evidence is before them.
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Error to tbe Circuit Court of Holmes County. Hon. C. C. Shackelford, Judge. The facts sufficiently appear in the opinion of the court. It is error to give instructions which are not called for by the evidence, because they tend to mislead the jury ; creating in their minds the idea that in the opinion of the court there is such evidence. It is an assumption that such evidence is before them. There was no evidence to show what amount of property Haywood Phillips owned at the time he sold the mules, nor what was the amount of his debts, and yet the court gives the absurd instructions on the…
1Opinion of the CourtTarbell, J.
This is a contest to determine the right of property in four •mules levied upon by the judgment creditors of Haywood Phillips. W. E. Phillips claimed the property and gave bond as required by statute. There were instructions given and refused, and verdict for plaintiffs in execution for two of the four mules. A motion for a new trial was overruled. The evidence and instructions, together with several objections and exceptions taken, are fully presented in the record.
The following are relied on as grounds of error: In going to trial without an issue made up under the direction of the court; in…
2Cases cited16 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- McKnight v. TaylorSupreme Court of the United States · 1843
- United States v. ReyburnSupreme Court of the United States · 1832
- Spencer v. WilliamsSupreme Court of Vermont · 1828
- Jenner v. JoliffeNew York Supreme Court · 1810
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3Cited by5 opinions
- Peake v. CameronSupreme Court of Missouri · 1890
- Tittle v. BonnerMississippi Supreme Court · 1876
- Grubbs v. CollinsMississippi Supreme Court · 1877
- Miller v. Tennant-Stribling Shoe Co.Court of Appeals for the Fifth Circuit · 1903
- Cannon v. StateCourt of Appeals of Mississippi · 2002