Brewer v. Mullins
Mississippi Supreme Court
Erom the circuit court of Noxubee county. Hon. John L. Buckley, Judge. Brewer, appellant, was plaintiff in the court below; Mullins, appellee, became defendant there by intervention. Erom a judg1-. ment in defendant’s favor plaintiff appealed to the supreme court. The facts as stated by Anderson, J., are as follows:— “This is a replevin suit for a mule, brought by the appellant, B. Brewer, Sr., against Cunningham Bros., who disclaimed any title. The appellee, AV.
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Erom the circuit court of Noxubee county. Hon. John L. Buckley, Judge. Brewer, appellant, was plaintiff in the court below; Mullins, appellee, became defendant there by intervention. Erom a judg1-. ment in defendant’s favor plaintiff appealed to the supreme court. The facts as stated by Anderson, J., are as follows:— “This is a replevin suit for a mule, brought by the appellant, B. Brewer, Sr., against Cunningham Bros., who disclaimed any title. The appellee, AV. S. Mullins, who it seems got possession of the mule after the writ of replevin had been sued out, was admitted to defend. The suit…
1Opinion of the CourtAnderson, J.
The court erred in permitting testimony to uphold the character of the witness Mullins for truth and veracity, when it had *355not been directly assailed. It was not an issue before the jury, and could not be made one, except by bis adversary attacking it in the manner laid down by law. The issue of fact before the jury seems to have been about evenly balanced. Under these circumstances, such testimony probably had influential weight with the jury.
Reversed- and remanded.
2Cited by5 opinions
- Pickett v. StateMississippi Supreme Court · 1983
- McEwen v. StateMississippi Supreme Court · 1923
- Tiner v. StateMississippi Supreme Court · 1952
- Jackson v. StateMississippi Supreme Court · 1983
- Mohead v. Gilmer Grocery Co.Mississippi Supreme Court · 1929