Reynolds v. Wilkinson
Mississippi Supreme Court
Appeal from the chancery court of Amite county. Hon. R. W. Cútele, Chancellor. Suit by Mrs. Viola Reynolds and others against J. T. Wilkinson and others. Judgment for defendants and plaintiffs appeal. Motion to correct certificate of clerk overruled and judgment affirmed in part and reversed in part. The facts are fully stated in the opinion of the court.
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Appeal from the chancery court of Amite county. Hon. R. W. Cútele, Chancellor. Suit by Mrs. Viola Reynolds and others against J. T. Wilkinson and others. Judgment for defendants and plaintiffs appeal. Motion to correct certificate of clerk overruled and judgment affirmed in part and reversed in part. The facts are fully stated in the opinion of the court. Our position is that the lower court could not and did Pot receive evidence of matters not relied upon in the pleadings and could not and did not receive evidence to contradict the admissions in the answers and cross-bills. “Where a fact is…
1Opinion of the Court
Smith C. J.,
delivered the opinion of the court.
The certificate of the clerk below to the record in this case is in the usual form, setting forth that it contains a true and correct transcript of the proceedings as the same now appears on file in his office.
The final decree sets forth that the cause was heard on the pleadings and proof, but the record contains only the pleadings, an exhibit thereto, and the court’s decree. This motion filed by appellees alleges that on the trial in the court below evidence both documentary and oral was introduced, and that the oral evidence was not preserved…
2Cited by6 opinions
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- Belt v. AdamsMississippi Supreme Court · 1920
- Lott v. SaultersMississippi Supreme Court · 2014
- Tate v. ColvardMississippi Supreme Court · 1936
- Brenda S. Lott v. Ralph D. SaultersMississippi Supreme Court · 2012
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