Gilliam v. Brown
Mississippi Supreme Court
Error to the circuit court of DeSoto county. Vance, J. The plaintiff in error made the following assignment of errors: 1st. The court erred in calling back two jurors and placing them on the panel after they had been challenged by the plaintiff in the court below and set aside, and the jury had been accepted by the plaintiff, and turned over to the defendant for his acceptance or objection. 2d.
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Error to the circuit court of DeSoto county. Vance, J. The plaintiff in error made the following assignment of errors: 1st. The court erred in calling back two jurors and placing them on the panel after they had been challenged by the plaintiff in the court below and set aside, and the jury had been accepted by the plaintiff, and turned over to the defendant for his acceptance or objection. 2d. The court erred in permitting the testimony' of the witness, J. W. Vance, to go to the jury, showing what was said by the testator, J. 0. Brown, at the time said witness wrote his will, with reference…
1Opinion of the Court
Simrall, J.:
William S. Brown sued William H. Gilliam, executor of James C. Brown, deceased, in cossumpsit., to recover a claim against the testator founded on open account. During the trial in the circuit court, several questions arose as to the competency and admissibility of testimony. The decisions of the court below, on these points, are assigned for error; also, the granting and refusing prayers for instructions, and the denial of a new trial, and the action of the court jn empanelling the jury. First, as to empanelling the jury.
In Ferry v. Selser, 4 How., 518, it is declared to be the…
2Cases cited11 opinions
- Armstrong v. TolerSupreme Court of the United States · 1826
- Sanford v. HowardSupreme Court of Alabama · 1857
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- Patton v. NicholsonSupreme Court of the United States · 1818
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3Cited by40 opinions
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