Luderbach Plumbing Co. v. Stein
Mississippi Supreme Court
Appeal from the circuit court of Hinds county. Hon. W. H. Potteu, Judge! Suit by tbe Luderbach Plumbing Company against Nellie Stein. From a judgment for defendant, plaintiff appeals. The facts are fully stated in tbe opinion of tbe court. In this case tbe different items on tbe account were disputed and each item under tbe evidence stood upon its own footing, if any of tbe items were correct we are certainly entitled to the amount of sucb items.
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Appeal from the circuit court of Hinds county. Hon. W. H. Potteu, Judge! Suit by tbe Luderbach Plumbing Company against Nellie Stein. From a judgment for defendant, plaintiff appeals. The facts are fully stated in tbe opinion of tbe court. In this case tbe different items on tbe account were disputed and each item under tbe evidence stood upon its own footing, if any of tbe items were correct we are certainly entitled to the amount of sucb items. Under this state of facts the court gave tbe following instruction marked No. 4 for tbe defendant: No. 4. Tbe court instructs tbe jury for tbe…
1Opinion of the CourtCook, P. J.
Appellant sued the appellee in the circuit court of Hinds county for an unpaid plumbing bill and for labor and material furnished in the installment of electrical fixtures and for transferring same from one house to another. Appellee interposed two defenses — payment and that the debt sued on was for her use in a house of ill fame.
The verdict of the jury and the judgment of the court was for the defendant, and plaintiff appeals to this court.
' The first assignment of error is the giving of this instruction, viz.:
“The court instructs the jury for the defendant that the burden of proof is upon…
2Cases cited1 opinion
- Aetna Insurance v. HeidelbergMississippi Supreme Court · 1916
3Cited by2 opinions
- Pevey v. Alexander Pool Co., Inc.Mississippi Supreme Court · 1962
- Hogan v. CunninghamMississippi Supreme Court · 1965