Ray v. McCary
Mississippi Supreme Court
In error from the circuit court of Clarke county; Hon. A. B. Dawson, judge. The opinion contains substantially all the facts of the case, and the charges refused by the court will be found in the brief of appellee’s counsel. 1. There is positively no evidence to uphold the verdict of the jury. Where such is the case, where the verdict is wholly without evidence, this court will set it aside and grant a new trial. The note was given by McCary.
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In error from the circuit court of Clarke county; Hon. A. B. Dawson, judge. The opinion contains substantially all the facts of the case, and the charges refused by the court will be found in the brief of appellee’s counsel. 1. There is positively no evidence to uphold the verdict of the jury. Where such is the case, where the verdict is wholly without evidence, this court will set it aside and grant a new trial. The note was given by McCary. Ray applied to know 'if he might safely trade for it. He said yes. This is proved as clear as proof could make it. Benson alone throws a doubt , upon…
1Opinion of the CourtJustice FisheR
In this case there have been three verdicts in succession for the defendant in the court below, and two new trials granted to the plaintiff.
The cause is now before us upon a writ of error to the judgment on the third verdict for the defendant,, and it is assigned as error, that the court erred in refusing to grant a new trial and to set aside this verdict.
The statute declares that no more than two new trials shall be granted to the same party in a cause. Hutch. Code, 876. This settles the question. The court had no authority to entertain the third motion. It was unnecessary for him to hear…
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