Alexander v. Flood
Mississippi Supreme Court
From the circuit court of Lowndes county. ITon. Eugene 0. Sykes, Judge. This was a suit by Mrs. Flood, appellee, against Alexander, the appellant, to recover damages for cutting trees on the plaintiff’s land. The judgment of the court below was in plaintiff’s favor, from which defendant appealed. The opinion of the court gives the state of the record upon which the question decided arose.
1Opinion of the Court
ALEXANDER., Special Judge,
delivered tlie opinion of tbe court.
We are precluded from considering tlie errors assigned in tbe giving or refusing of instructions, because it does not appear that any objection was made to tbis in tbe lower court. Such objections must be made either when tbe instructions are acted on or in the motion for a new trial, otherwise they will not be noticed here. Bourland v. Itawamba County, 60 Miss., 996; Georgia, etc., R’y Co. v. West, 66 Miss., 310; Illinois, etc., R. R. Co. v. Minor, 69 Miss., 710.
Counsel for appellant, while conceding tbis to be tbe rule prior to…
2Cases cited4 opinions
- Georgia Pacific Railway Co. v. WestMississippi Supreme Court · 1889
- Illinois Central Railroad v. MinorMississippi Supreme Court · 1892
- State v. SpenglerMississippi Supreme Court · 1896
- Bourland v. Board of SupervisorsMississippi Supreme Court · 1883
3Cited by1 opinion
- McCorkle v. Illinois Central RailroadMississippi Supreme Court · 1911