Parham v. Stith
Mississippi Supreme Court
Appeal from the Circuit Court of Marshall County. Hon. "W. S. Peatherston, Judge, did not sit in this case, but Hon. C. H. Campbell presided by interchange.
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Appeal from the Circuit Court of Marshall County. Hon. "W. S. Peatherston, Judge, did not sit in this case, but Hon. C. H. Campbell presided by interchange. The fifth trial of this case was on a plea of payment to a declaration on a note, and, as shown by a general bill of exceptions, it proceeded thus: The defendant, R. S. Stith, administrator of the estate of F. T. Leake, deceased, introduced a receipt, dated May 3, 1862, and signed by William E. Tomlinson, deceased, formerly co-executor with the plaintiff, B. M. Parham, of the will of J. M. Lewis, in which payment by Leake, the maker of…
1Opinion of the CourtChalmers, J.
This case has been pending more than seventeen years and will be found reported, Parham v. Stith, 56 Miss. 465. There have been five consecutive verdicts for the defendant and hone for the plaintiff,, who now appeals from the fifth verdict against him. The record affirmatively shows that two at least of -the former verdicts *202have been set aside on the facts. The third verdict was set aside “because, as the order setting it aside recites, it was contrary,to the law and evidence,” and the fourth, “ because the evidence ivas insufficient to warrant a verdict for defendant.” It follows therefore…
2Cases cited4 opinions
- Bowers v. RossMississippi Supreme Court · 1877
- Ray v. McCaryMississippi Supreme Court · 1853
- Parham v. StithMississippi Supreme Court · 1879
- Tagert v. BakerMississippi Supreme Court · 1879