Mississippi Reports ... Being Cases Argued and Decided in the Supreme Court of Mississippi, Volume 59E. W. Stephens publishing Company, 1882 |
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57 Miss action administrator affidavit affirmed alleged appellant appellee applied assets assignment attachment authority bill board of supervisors bond Chancellor Chancery Court charge choses in action Circuit Court claim clerk Code complainant contract conveyance County court of equity creditors damages death debt debtor deceased declarations decree deed of trust defendant delivered the opinion demurrer district dollars election entitled equity error evidence execution fact filed fraud fraudulent grantor Grenada County heirs held indictment instruction intent interest interpleader issue J. A. GREEN Judge judgment jurisdiction jurors jury land levy liable lien Lowndes County ment mortgage motion objection owner paid Panola County parties payment person plaintiff plea possession probate proof purchaser question Railroad Railroad Co record rendered replevin reversed rule statute suit sureties sustained tenant testator testified testimony tion trial trust deed valid verdict void witness
Popular passages
Page 11 - If the thing wanting or which failed to be done, and which constitutes the defect in the proceedings, is something the necessity for which the Legislature might have dispensed with by prior statute, then it is not beyond the power of the Legislature to dispense with it by subsequent statute. And if the irregularity consists in doing some act, or in the mode or manner of doing some act, which the Legislature might have made immaterial by prior law, it is equally competent to make the same immaterial...
Page 467 - But there is no proof that, at the time of the collision, the train was running at a greater rate of speed than six miles per hour.
Page 230 - Every elector shall deliver, in full view of one of the judges oF election, a single ballot or piece of paper, on which shall be written or printed the names of the persons voted for, with a pertinent designation of the office which he or they may be intended to fill.
Page 182 - ... chance, and not by the skill of the actor, and which is required to be done because of the accidental character of its consequences, to the end that chance may enter as an element in the game. It is the character of the game, and not the skill or want of skill of the player, which brings it into or excludes it from the prohibition of the statute.
Page 250 - A new trial will not be granted on the ground of newly discovered testimony, the sole object of which is to impeach the credibility of a witness sworn on the trial.
Page 77 - The weight of authority seems to be in favor of the doctrine, that, in order to render a...
Page 383 - ... book. It is essential to this kind of evidence that the charges appearing in the handwriting of the party are in such a state that they may be presumed to have been his daily minutes of his business and transactions, in which regard is had to the degree of education of the party, the nature of his employment and to the manner of his charges against other persons. Where this appearance is wanting and the presumption cannot be made, the evidence has been usually rejected as incompetent...
Page 353 - That from and after the passing hereof, it shall and may be lawful for any Defendant or Tenant in any Action or suit, or for any Plaintiff in Replevin in any Court of Record with the Leave of the same Court to plead as many several Matters thereto, as he shall think necessary for his Defence.
Page 266 - Co.,' or like words, and fail to disclose the name of his principal or partner by a sign in letters easy to be read, placed conspicuously at the house...
Page 52 - We are of the opinion that. under the circumstances shown by the record...