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Simpson v. Bowdon

O. M. Simpson, Administrator v. W. H. Bowdon

Simpson v. Bowdon, 23 Miss. 524 (1852)
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Court
Mississippi Supreme Court · State Highest Courts
Decided
January 15, 1852
Citations
23 Miss. 524
Headnotes
Where the court below errs in giving instructions to the jury on mere abstract questions of law, and the verdict of the jury is in accordance with the proof in the case, and a new trial upon the'same proof should produce a like, result, this court will not disturb the verdict.
Summary
In error from the circuit court of Attala county; Hon. R. C. Perry, judge. Cited Williams v. Barnes, 3 Dev. 348; Willis v. Bunn, Wright, 134; Filch v. Peckham, 16 Verm. R. 150; U. S. Dig. 470.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per curiam.

In this case we think that a new trial ought not to be awarded. The -verdict is fully sustained by the proof, and although, as mere abstract questions of law, some of the instructions asked for by plaintiffs in error and refused by the court below were probably correct, yet, as the verdict of the jury is in accordance with the proof, and a new trial on the same proof should produce a like result, we do not feel at liberty to disturb the verdict.

Let the judgment be affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1868–1869: 11876–1877: 11930–1931: 218682026peak 1930 · 2

Relies on it most ⓘ

  1. Trolio v. Nichols132 So. 750 (Miss. 1931)
  2. Hale v. Hinkle Mercantile Co.132 So. 751 (Miss. 1931)
  3. Lengsfield v. Richardson52 Miss. 443 (1876)
  4. Norfleet v. Sigman41 Miss. 631 (1868)

Most recent

  1. Hale v. Hinkle Mercantile Co.132 So. 751 (Miss. 1931)
  2. Trolio v. Nichols132 So. 750 (Miss. 1931)
  3. Lengsfield v. Richardson52 Miss. 443 (1876)
  4. Norfleet v. Sigman41 Miss. 631 (1868)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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