Leinkauf v. Brinker
Mississippi Supreme Court
Appeal from the Circuit Court of Clay County. Hon. J. M. Arnold, Judge. A sufficient statement of the case will bo found in the opinion of the court. The first error complained of in this cause is that the court below permitted testimony to go to the jury as to the character of the claimant, J. B. Brinker, over the objection of the plaintiffs. We think this was undoubtedly error.
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Appeal from the Circuit Court of Clay County. Hon. J. M. Arnold, Judge. A sufficient statement of the case will bo found in the opinion of the court. The first error complained of in this cause is that the court below permitted testimony to go to the jury as to the character of the claimant, J. B. Brinker, over the objection of the plaintiffs. We think this was undoubtedly error. The decisions all agree, so far as we can discover, that it is only in rare and exceptional cases that testimony as to character is admissible, and never in such a ease as the one at bar. A.s was said by Justice Co…
1Opinion of the CourtArnold, J.
Appellants commenced suit by attachment against T. C. Smith, a merchant of Clay County, and certain property consisting of a stock of goods levied on under the writ of attachment was claimed by J. R. Brinker, the appellee. His claim was based on a sale of the goods to him by Smith, alleged to have been made a few days before the attachment was levied. After judgment by default *257in the attachment against Smith there was a trial of the right of property on the issue joined between the plaintiffs in attachment and the claimant, which resulted in favor of the claimant. On the trial of this issue…
2Cases cited5 opinions
- Gough v. St. JohnNew York Supreme Court · 1837
- Ruan v. PerryNew York Supreme Court · 1805
- Gutzwiller v. LackmanSupreme Court of Missouri · 1856
- Ward v. HerndonSupreme Court of Alabama · 1837
- Woodruff v. WhittleseyConnecticut Superior Court · 1786
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