Lindsey v. John W.
Mississippi Supreme Court
In error from the circuit court of Yalobusha county; Hon. F. M. Rogers, judge. The opinion of the court, and the points made by counsel, contain a sufficient statement of the case. We think it manifest that his honor the judge erred in refusing to grant a new trial.' As far as the merits of the controversy at. law were concerned, it is clear from the proof that Lindsey was entitled to a verdict and judgment for the full amount of the note sued on.
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In error from the circuit court of Yalobusha county; Hon. F. M. Rogers, judge. The opinion of the court, and the points made by counsel, contain a sufficient statement of the case. We think it manifest that his honor the judge erred in refusing to grant a new trial.' As far as the merits of the controversy at. law were concerned, it is clear from the proof that Lindsey was entitled to a verdict and judgment for the full amount of the note sued on. The note was payable to Thomas or bearer, and Lindsey became the bearer for value, and without notice of any defence,1 not only without notice, but…
1Opinion of the Court
Mr. Chief-Justice Smith
delivered the opinion of the court.
This was a writ of error to a decree rendered in the circuit court of Yalobusha county. The plaintiff in error filed his bill on the equity side of said court, for the purpose of obtaining a new trial in an action at law, decided in said court, wherein Vines M. Lindsey, the complainant in the court below, was plaintiff, and John W. and Hardy Sellers were defendants.
The general question, whether the allegations of complainant’s bill, and the proofs taken in the cause, show that he is entitled to relief, covers the whole case.
*173It is a…
2Cases cited1 opinion
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- Charlebois v. RenaudArizona Supreme Court · 1931
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