Terry v. Robins
Mississippi Supreme Court
In error, from the circuit court of Itawamba county. Nathaniel Terry sued Jeptha Robins and Malakiah Cummings in the circuit court, in an action of trespass, for taking away from the close of the plaintiff a certain still. A trial was had, and the jury found for the plaintiff the sum of one hundred and twenty-five dollars damages.
Read the full summary
In error, from the circuit court of Itawamba county. Nathaniel Terry sued Jeptha Robins and Malakiah Cummings in the circuit court, in an action of trespass, for taking away from the close of the plaintiff a certain still. A trial was had, and the jury found for the plaintiff the sum of one hundred and twenty-five dollars damages. The defendants moved for a new trial, because the jury found contrary to the law, and they were surprised by the testimony of a.witness, who swore differently on the last from what he had on a former trial. The motion, upon argument, was granted at the costs of the…
1Opinion of the CourtJustice Clayton
This is a writ of error, taken to the granting of a new trial, in the circuit court of Itawamba. A verdict had been rendered for the plaintiff, which was set aside by the court, and a new trial granted. The writ of error was prosecuted before the new trial took place, and before any final judgment in the court below.
The bill of exceptions does not set forth the evidence, but states that the- new trial was granted, because the court had erred in charging the jury, “ That a still in a still-house, and in use and attached to the still-house, is a personal chattel, and that it is not necessary…
2Cited by1 opinion
- Bowman v. RutledgeMississippi Supreme Court · 1979