Hewlett v. George
Mississippi Supreme Court
From the circuit court of Lauderdale county. HoN. S. H. Terral, Judge. The appellant, Sallie A. Hewlett, a minor, brought this action by her next friend, in 1887, against her mother, Sarah A. Eagsdale, to recover $10,000 for having wilfully, illegally, and maliciously caused her to be imprisoned for ten days in the East Mississippi insane asylum.
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From the circuit court of Lauderdale county. HoN. S. H. Terral, Judge. The appellant, Sallie A. Hewlett, a minor, brought this action by her next friend, in 1887, against her mother, Sarah A. Eagsdale, to recover $10,000 for having wilfully, illegally, and maliciously caused her to be imprisoned for ten days in the East Mississippi insane asylum. The declaration alleges, that said incarceration was procured by defendant deceitfully and in pursuance of a plot to deprive plaintiff of her liberty, in order to get control and possession of certain of her property and valuable papers pertaining to…
1Opinion of the CourtWoods, J.
The deposition of plaintiff, taken in a pending suit in a court of law, during the lifetime of defendant’s testatrix, on the final trial of this cause, and after the death of the original defendant, and the revivor against the executor of the deceased was offered in evidence on behalf of plaintiff, and, on motion of defendant, was excluded by the trial court, and this action of the court is assigned for error.
Relying upon the proposition that the competency of a witness is determinable by the facts existing at the time the testimony of such witness is given, counsel for appellant, with much…
2Cited by242 opinions
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