Fisher v. Fisher
Mississippi Supreme Court
Error to the circuit court of Scott county. Watts, J. One great error of the court below was refusing to give the second instruction asked for by plaintiffs, on the trial at October term, 1860. It is as follows: That the statute of six years will not be computed wben the party pleading bas been out of the state, and if they believe from the evidence that the defendant has been out of the state all the time since the agreement sued on was made, they must find for the…
Read the full summary
Error to the circuit court of Scott county. Watts, J. One great error of the court below was refusing to give the second instruction asked for by plaintiffs, on the trial at October term, 1860. It is as follows: That the statute of six years will not be computed wben the party pleading bas been out of the state, and if they believe from the evidence that the defendant has been out of the state all the time since the agreement sued on was made, they must find for the plaintiff. The verdict of the jury was for the plaintiff for $110 90. The court set aside this verdict and granted a new trial.…
1Opinion of the Court
Tarbell, J.:
This case has experienced somewhat of an eventful history. Commenced in 1859, upon a cause of action arising in 1849, it has been once tried, with a verdict for plaintiffs, and a new trial awarded; once dismissed, but reinstated, it now comes here for a review of the action of the court below, upon a record, embracing the proceedings in the cause from its inception in 1859, to final judgment upon decision of demurrer and dismissal of complainant, in 1868.
The writ of error asks, specifically, a review of the action of the court below upon demurrer and dismissal of complaint ; but…
2Cases cited10 opinions
- New Orleans, Jackson & Great Northern Railroad v. AllbrittonMississippi Supreme Court · 1859
- French v. DavisMississippi Supreme Court · 1859
- Swann v. WestMississippi Supreme Court · 1866
- Fondren v. DurfeeMississippi Supreme Court · 1860
- Frizell v. WhiteMississippi Supreme Court · 1854
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Danks v. RodeheaverWest Virginia Supreme Court · 1885
- Lackland v. SmithMissouri Court of Appeals · 1878
- Bower v. HenshawMississippi Supreme Court · 1879
- Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
- Hodges v. Darden Bros.Mississippi Supreme Court · 1875