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27 Miss. 265

Davis v. Brown

Mississippi Supreme Court

Decided April 15, 1854

Mississippi Supreme Court · decided 1854-04-15

<p>To authorize the high court of errors and appeals to interfere with a judgment of an inferior court, it must appear from the record that some error of law or fact was committed.</p> <p>To enable this court to understand the applicability of charges given or refused, the facts to which the charges are intended to apply must be set out in the record.</p>

Cited by 1 later decisions — most recently October 1856

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1854-04-15

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Mr. Justice Fisher

¶1delivered the opinion of the court.

¶2To authorize this court in reversing the judgment of the court below, it must clearly appear that the court committed some error, as to the law, which influenced or might have influenced the jury in rendering an erroneous verdict.

¶3To understand the principles or rules of law applicable to a particular state of facts, the record ought to present the facts. This record presents none of the evidence introduced on the trial below, and it is therefore impossible for this court to say whether the instructions in the record were correctly given or refused by the court or not.

¶4Judgment affirmed.

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