Ch., St. L., & N. O. R. R. v. Provine
Mississippi Supreme Court
Appeal from the Circuit Court of Yalobusha County. Hon. W. S. Featherston, Judge. The facts are stated in the opinion. The court below erred in allowing the amended bill of particulars to be filed. It embraced shipments of cotton during a period of twelve months, covering many distinct shipments without specification of time or name of consignee, or what shipments were undelivered or deficient.
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Appeal from the Circuit Court of Yalobusha County. Hon. W. S. Featherston, Judge. The facts are stated in the opinion. The court below erred in allowing the amended bill of particulars to be filed. It embraced shipments of cotton during a period of twelve months, covering many distinct shipments without specification of time or name of consignee, or what shipments were undelivered or deficient. The books called “blotters” were not admissible as evidence for want of proof that the entries wore made by persons who had knowledge of the facts entered. Chaffe v. U. /S'., 18 "Wallace 541; Brain v.…
1Opinion of the CourtCooper, J.
This is an action by the appellee to recover from the appellant the value of fourteen bales of cotton delivered to the company at Coffeeville, in this State, to be by it transported to the city of New Orleans, in the State of Louisiana. The declaration contains two counts, one for the non-delivery of thirteen bales shipped on the — day of November, 1879, and the other for the non-delivery of one bale shipped in March, 1880. The defendant pleaded the general issue. During the progress of the trial the plaintiff offered to introduce in evidence certain books which had been kept by him in his…
2Cited by12 opinions
- Grover v. HinesMontana Supreme Court · 1923
- Lewis v. EnglandWyoming Supreme Court · 1905
- Grenada Cotton Compress Co. v. AtkinsonMississippi Supreme Court · 1908
- Hayes v. National Surety Co.Mississippi Supreme Court · 1934
- Montgomery Ward & Co. v. NickensMississippi Supreme Court · 1948
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