Maclin v. Bloom
Mississippi Supreme Court
Error to the Circuit Court of Hinds County. Hon. S. S. CalhooN, Judge. 1. The motion to instruct as in case of nonsuit should have been sustained. The case was not made out by the proof. Viser v. Scruggs, 49 Miss. 709 ; Olopton y. Matheny, 48 Miss. 293 ; Ghoppin y. ITarmon, 46 Miss. 304. 2. The judgment is erroneous in awarding a general execution against the married woman. Bank y. Williams, 46 Miss. 627 ; Gary y.
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Error to the Circuit Court of Hinds County. Hon. S. S. CalhooN, Judge. 1. The motion to instruct as in case of nonsuit should have been sustained. The case was not made out by the proof. Viser v. Scruggs, 49 Miss. 709 ; Olopton y. Matheny, 48 Miss. 293 ; Ghoppin y. ITarmon, 46 Miss. 304. 2. The judgment is erroneous in awarding a general execution against the married woman. Bank y. Williams, 46 Miss. 627 ; Gary y. Dixon, 51 Miss. 600. 3. The court erred in re-submitting the case to the jury, and the second verdict is a nullity as well as the first. 43 Miss. 82; 8 Ga. 208; 20 Maine, 339; 7…
1Opinion of the CourtChalmers, J.
The plaintiff offered in evidence a promissory note signed by the defendant, Stewart Maclin, in his own behalf, and as agent for his wife, for f56.60, “being balance due for lumber and materials furnished by Bloom for the construction of a building situated on the south side of Pearl Street, east of and immediately adjoining the premises owned and occupied by L. Kavanaugh.” He then introduced as a witness the defendant S. Maclin, who testified that Sylphia Maclin was his wife, and owned the property described in the note. Here the plaintiff rested. Thereupon the wife, by her counsel, moved…
2Cases cited2 opinions
- May v. Buckeye Mutual InsuranceWisconsin Supreme Court · 1870
- Garnett v. KirkmanMississippi Supreme Court · 1857
3Cited by7 opinions
- State v. ThornhillMississippi Supreme Court · 1965
- State v. RussellMississippi Supreme Court · 1978
- Mississippi Cent. R. v. RobertsMississippi Supreme Court · 1935
- Kurn v. FondrenMississippi Supreme Court · 1940
- Olwell v. Milwaukee Street Railway Co.Wisconsin Supreme Court · 1896
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