Peacher v. Strauss
Mississippi Supreme Court
Error to circuit court of Hinds county, 1st district. Brown, J. The opinion of the court contains a statement of the case. 1. Though it was once thought that continuance was matter of discretion with the court below, and the refusal to grant it could not be reviewed on writ .of error, it is now held, that if there was, in such refusal, a palpable error committed, without the correction of which manifest injustice will be done, a new trial will be granted by the supreme…
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Error to circuit court of Hinds county, 1st district. Brown, J. The opinion of the court contains a statement of the case. 1. Though it was once thought that continuance was matter of discretion with the court below, and the refusal to grant it could not be reviewed on writ .of error, it is now held, that if there was, in such refusal, a palpable error committed, without the correction of which manifest injustice will be done, a new trial will be granted by the supreme court. 8 S. & M. 415; 25 Miss. 125. As the absent evidence is material, and due diligence was used to obtain it, and all this…
1Opinion of the Court
Tarbell, J.:
W. A. Peacher and Mary E. Peacher brought ejectment against Isydore Strauss, Henry Strauss and W. W. Wishart, to recover a parcel of land particularly described in the declaration, in which it is averred that Mary E. Peacher was, before her marriage with W. A. *356Peacher, Mary E. Hicks, daughter of Josiah Hicks, now deceased, and that said Mary E. is now the only daughter and heir-at-law of said Josiah Hicks, deceased. The declaration further avers that the right of the said Josiah Hicks to the possession of the lands claimed, accrued on the 30th day of January, 1836, and the right…
2Cases cited10 opinions
- Daniel Boardman and Others, in Error v. The Lessees of Reed and Ford, M'call and Others, in ErrorSupreme Court of the United States · 1832
- Blake v. DohertySupreme Court of the United States · 1820
- Hanna v. RenfroMississippi Supreme Court · 1856
- McGuire v. StevensMississippi Supreme Court · 1869
- Steinbach v. StewartSupreme Court of the United States · 1871
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3Cited by12 opinions
- ætna Life Ins. Co. v. PhillipsCourt of Appeals for the Tenth Circuit · 1934
- Jones v. HicksonMississippi Supreme Court · 1948
- Gex v. DillMississippi Supreme Court · 1905
- Carter v. CollinsMississippi Supreme Court · 1928
- Seal v. AndersonMississippi Supreme Court · 1959
7 more not listed; retrieve them via the Exa API.