Legal Opinion

Berry v. Jones

Mississippi Supreme Court

Decided October 15, 1913Published

Appeal from the circuit court of Hinds county. HoN. W. A. IIeNry, Judge.; Suit by S. P. and John J. Jones against .Virgil Berry. Prom a judgment for plaintiffs, defendant appeals. The facts are fully stated in the opinion of the court.

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Appeal from the circuit court of Hinds county. HoN. W. A. IIeNry, Judge.; Suit by S. P. and John J. Jones against .Virgil Berry. Prom a judgment for plaintiffs, defendant appeals. The facts are fully stated in the opinion of the court. On the assignment of error that the court erred in excluding the testimony as to the general reputation of appellant, for truth and veracity in the community in which he lived, testified to by some of the best white citizens in this county, I have this to say: That this was an issue between appellees, who were white men, and an old negro man, the appellant, who…

1Opinion of the CourtCook, J.

Appellees were plaintiffs below in a suit to recover from appellant his proportion of the costs of a division fence between his land and that of plaintiffs. Plaintiffs’ evidence goes to show that, before the fence was built, *121plaintiffs and defendant orally agreed to share the cost of the fence. The jury rendered its verdict for plaintiffs, and judgment was entered accordingly. From this judgment, this appeal is prosecuted.

We do not think that the contention of appellant that he was entitled to a peremptory instruction is maintainable. The evidence was conflicting, and the jury accepted…

2Cases cited7 opinions

  1. Etting v. Bank of United StatesSupreme Court of the United States · 1826
  2. Baynes v. ChastainIndiana Supreme Court · 1879
  3. Guyer v. StrattonSupreme Court of Connecticut · 1861
  4. City of Natchez v. VanderveldeMississippi Supreme Court · 1856
  5. Bills v. BelknapSupreme Court of Iowa · 1874

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