Lengsfield v. Richardson
Mississippi Supreme Court
Error to the Circuit Court of Washington County. Hon. C. C. Shackleford, Judge. All the material facts in this case are stated in the opinion ■of the court.
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Error to the Circuit Court of Washington County. Hon. C. C. Shackleford, Judge. All the material facts in this case are stated in the opinion ■of the court. It is assigned for error : 1. The court below erred in overruling the motion for anew trial. 2. In allowing three replications to one of defendants’ pleas, and in trying the case on the pleading as made. 3. In refusing instructions asked for by defendants below, ■and in giving those asked by plaintiffs. 4. In permitting Percy, attorney at law for defendants, to testify in the case. It was error to admit the testimony of Percy, the…
1Opinion of the CourtSimrall, C. J.
This suit was brought by Richardson & May, to recover damages for the breach of a contract by Lengsfield & Co. to ship cotton to them at New Orleans, for sale, as factors. The plaintiffs in error are precluded from predicating error of the interposition bjr Richardson & May of two special replications to the third plea of the defendants, without affidavit and the leave of the court.
The defendants did not avail of this irregularity in the nisi prius court. Without disregarding the last replication, or moving to displace it from the files, or disregarding it as a nullity, or in any manner…
2Cases cited3 opinions
- Exum v. CantyMississippi Supreme Court · 1857
- Simpson v. BowdonMississippi Supreme Court · 1852
- Hunter v. WilkinsonMississippi Supreme Court · 1870
3Cited by4 opinions
- Hyde Construction Co. v. Koehring Co.Court of Appeals for the Fifth Circuit · 1972
- Hyde Construction Company, Inc., Plaintiff-Appellee-Cross v. Koehring Company, Defendant-Appellant-Cross Vardaman S. Dunn, Plaintiff-Appellee-Cross v. Koehring Company, Defendant-Appellant-CrossCourt of Appeals for the Fifth Circuit · 1972
- Aplmetto Fire Ins. Co. v. AllenMississippi Supreme Court · 1927
- In Re: Mississippi Rules of EvidenceMississippi Supreme Court · 2020