Legal Opinion

Anderson v. Maxwell

Mississippi Supreme Court

Decided October 15, 1908PublishedCited by 1 opinion

From the circuit court of Lincoln county. Hon. Moyse IT. Wilkinson, Judge. Anderson, appellant, was plaintiff in the court below; Maxwell, appellee, was defendant there. From a judgment in favor of Maxwell, Anderson appealed to the supreme court. Maxwell sold his farm to Anderson in April, 1907. After the sale a dispute arose between them as to who should receive the rent of the current year, due in November, 1907, from tenants who leased from Maxwell prior to the sale.

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From the circuit court of Lincoln county. Hon. Moyse IT. Wilkinson, Judge. Anderson, appellant, was plaintiff in the court below; Maxwell, appellee, was defendant there. From a judgment in favor of Maxwell, Anderson appealed to the supreme court. Maxwell sold his farm to Anderson in April, 1907. After the sale a dispute arose between them as to who should receive the rent of the current year, due in November, 1907, from tenants who leased from Maxwell prior to the sale. Anderson sued out an attachment for-rent after it became due against one of the tenants and Maxwell propounded • an issue…

1Opinion of the CourtFletcuer, J.

This ease was tried in the circuit court without objection upon testimony and instructions which recognized the regularity of the proceedings and the competency of the testimony. In this court it is sought to challenge the result of the trial upon grounds never suggested until after verdict in the conduct of the case belotv. We think it is too late to alter the scope of the issue or the course of the pleadings. Appellant must stand upon the record which he made in the circuit court.

■ Affirmed.

2Cited by1 opinion

  1. Wright v. ThorntonMississippi Supreme Court · 1944

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