Mississippi Reports ... Being Cases Argued and Decided in the Supreme Court of Mississippi, Volume 66E.W. Stephens Publishing Company, 1890 - Law reports, digests, etc |
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Page vii
... FILED . In all cases brought to this court by appeal , the transcript of the record shall be filed in the clerk's office on or before the first day of the term , or time appointed for taking up the district to which the case may belong ...
... FILED . In all cases brought to this court by appeal , the transcript of the record shall be filed in the clerk's office on or before the first day of the term , or time appointed for taking up the district to which the case may belong ...
Page viii
... filed . 6 . RECORDS AND PAPERS - HOW FILED . No record or other paper shall be considered as filed until so marked by the clerk - process of this court excepted — and the clerk shall indorse the date of filing . 7 . ASSIGNMENT OF ERRORS ...
... filed . 6 . RECORDS AND PAPERS - HOW FILED . No record or other paper shall be considered as filed until so marked by the clerk - process of this court excepted — and the clerk shall indorse the date of filing . 7 . ASSIGNMENT OF ERRORS ...
Page ix
... filed two days before the hearing of the case , unless otherwise ordered by the court ; and where the transcript is filed by order of the court after the return day for the appeal , the assignment of errors shall be filed within two ...
... filed two days before the hearing of the case , unless otherwise ordered by the court ; and where the transcript is filed by order of the court after the return day for the appeal , the assignment of errors shall be filed within two ...
Page xi
... filed when their motions are regularly called , such motions shall be dismissed , and no motion once disposed of or dismissed shall be again heard . 16 . MOTIONS DOCKETED - REASONS FILED . No motion shall be heard unless it has been ...
... filed when their motions are regularly called , such motions shall be dismissed , and no motion once disposed of or dismissed shall be again heard . 16 . MOTIONS DOCKETED - REASONS FILED . No motion shall be heard unless it has been ...
Page xii
... filed on behalf of the appellant , the cause shall be dismissed for want of prosecution . 21 . CALCULATIONS . When a party relies on an excess in the calculation of interest or damages as a reason for reversing a judgment , a true calcu ...
... filed on behalf of the appellant , the cause shall be dismissed for want of prosecution . 21 . CALCULATIONS . When a party relies on an excess in the calculation of interest or damages as a reason for reversing a judgment , a true calcu ...
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Common terms and phrases
53 Miss 64 Miss action agent alleged amendment appellee apply assignment attachment authorities bank bill bond Brief for appellant carrying concealed weapons cause chancery court charge circuit court claim commissioners complainant contract contributory negligence Copiah county counsel creditors damages debt deceased declaration decree deed defendant delivered the opinion demurrer dollars easement entitled error evidence execution exempt facts filed fraud garnishee Gattman held husband indictment injury instructions issue Judge judgment jurisdiction jury land landlord levee board liable lien ment mortgage motion negligence offense owner paid Panola county parties passengers payment person plaintiff plea plead possession proceedings proof purchaser railroad company reason receipt recover rent replevin Samuel Houston secure sold Statement statute statute of frauds street suit supersedeas bond sustained tax-title taxes tenant testimony tion train trial trust trust-deed verdict void WARREN COWAN witness
Popular passages
Page 31 - ... nor for omitting to state the time at which the offence was committed in any case where time is not of the essence of the offence, nor for stating the time imperfectly, nor for stating the offence to have been committed on a day subsequent to the finding of the indictment, or on an impossible day, or on a day that never happened...
Page 315 - The court therefore instructs the jury that, although they may believe, from the evidence, that the...
Page 291 - Further dividends shall be made in like manner as often as occasion requires; And after the third meeting of creditors no further meeting shall be called, unless ordered by the court. If at any time there shall be in the hands of the assignee any outstanding debts or other property, due or belonging to the estate, which...
Page 200 - It is a well settled rule, found in all the text-writers upon evidence, that a witness cannot be cross-examined as to any fact which is collateral and irrelevant to the issue, merely for the purpose of contradicting him by other evidence, if he should deny it, thereby to discredit his testimony.
Page 832 - The first section of the statute enacts "that all railway companies carrying passengers in their coaches in this state, shall provide equal but separate accommodations for the white, and colored races, by providing two or more passenger coaches for each passenger train, or by dividing the passenger coaches by a partition so as to secure separate accommodations: provided, that this section shall not be construed to apply to street railroads.
Page 237 - ... unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 292 - ... which cannot be collected and received by the assignee without unreasonable or inconvenient delay or expense, the assignee may, under the direction of the court, sell and assign such debts or other property in...
Page 666 - Congress to make express regulations is equivalent to indicating its will that the subject shall be left free ; that in the matter of interstate commerce the United States are but one country, and are and must be subject to one system of regulations, and not to a multitude of systems...
Page 52 - The principle seems to us to be that, in contracts in which the performance depends on the continued existence of a given person or thing, a condition is implied that the impossibility of performance arising from the perishing of the person or thing shall excuse the performance...
Page 270 - ... 1. There must have been a false representation or a concealment of material facts ; 2. The representation must have been made with knowledge of the facts; 3. The party to whom it was made must have been ignorant of the truth of the matter; 4. It must have been made with the intention that the other party should act upon it; 5. The other party must have been induced to act upon it": Bigelow on Estoppel, 3d ed., 484.