Bernheim Bros. & Uri v. Dibrell & Hill
Mississippi Supreme Court
From the circuit court of the second, district of Chickasaw county. Hon. Lock E. Houston, Judge. On April 15, 1887, M. A. Pollard, wife of O. Pollard, sold to appellees, Dibrell & Hill, a stock of drugs, in the town of Okolona. On the next day appellants, Bernheim Bros. & Uri, creditors of Mrs. Pollard, sued out an attachment against her, alleging a fraudulent disposition of her property, and levied upon the stock of goods sold to Dibrell & Hill.
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From the circuit court of the second, district of Chickasaw county. Hon. Lock E. Houston, Judge. On April 15, 1887, M. A. Pollard, wife of O. Pollard, sold to appellees, Dibrell & Hill, a stock of drugs, in the town of Okolona. On the next day appellants, Bernheim Bros. & Uri, creditors of Mrs. Pollard, sued out an attachment against her, alleging a fraudulent disposition of her property, and levied upon the stock of goods sold to Dibrell & Hill. Judgment by default was entered against the defendant in attachment, and a claim being interposed by Dibrell & Hill, in respect to the goods they…
1Opinion of the CourtCooper, J.
The court properly set aside the first verdict and awarded a new trial, for on the first trial, at the instance of the plaintiffs, the court-excluded from the room Hill, one of the claimants, while Dibrell, the other claimant, was being examined as a witness. Both claimants were parties to the same issue, and it was the right of' both to be present during the trial. The rule of court by which witnesses ai’e excluded from hearing the testimony delivered by other witnesses does not apply to parties to the cause, who cannot be denied the privilege of being present to examine their own witnesses…
2Cited by10 opinions
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