Bolling v. Red Snapper Sauce Co.
Mississippi Supreme Court
From the circuit court of Wilkinson county. ITon. Moyse H. Wilkinson, Judge. Bolling, appellant, was plaintiff in the court below; the sauce company, appellee, was defendant there. From a judgment, predicated of a peremptory instruction, in defendant’s favor, plaintiff appealed to the supreme court. The case had previously been in the supreme court and a judgment in plaintiff’s ■ favor was reversed pn the first appeal, prosecuted by defendant.
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From the circuit court of Wilkinson county. ITon. Moyse H. Wilkinson, Judge. Bolling, appellant, was plaintiff in the court below; the sauce company, appellee, was defendant there. From a judgment, predicated of a peremptory instruction, in defendant’s favor, plaintiff appealed to the supreme court. The case had previously been in the supreme court and a judgment in plaintiff’s ■ favor was reversed pn the first appeal, prosecuted by defendant. Bed Snapper Smvce Go. v. Bolling, 95 Miss. 752, 50 South. 401. The facts of the ease are fairly inferable from the opinion of the court.
1Opinion of the CourtMayes, C. J.
This case has heretofore been before the court. The first decision is reported in 95 Miss. 752, 50 South. 401. In both instances the facts have been most confusing, and doubtless it is because of this that the trial judge gave a peremptory instruction in favor of defendant. On this trial the defendant offered no proof whatever, but at the conclusion of plaintiff’s testimony asked for and received a peremptory instruction.
This action of the court is proper only when there is no testimony tending to make out plaintiff’s case. Was such the case here ? Bolling, the plaintiff, was introduced as a…
2Cases cited1 opinion
- Red Snapper Sauce Co. v. BollingMississippi Supreme Court · 1909
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