Brewer v. Mullins

Decided March 15, 1910

Mississippi Supreme Court · decided 1910-03-15

Erom the circuit court of Noxubee county. Hon. John L. Buckley, Judge. Brewer, appellant, was plaintiff in the court below; Mullins, appellee, became defendant there by intervention. Erom a judg1-. ment in defendant’s favor plaintiff appealed to the supreme court. The facts as stated by Anderson, J., are as follows:— “This is a replevin suit for a mule, brought by the appellant, B. Brewer, Sr., against Cunningham Bros., who disclaimed any title. The appellee, AV.

Good law ✅— No negative treatment on recordhow we know

Decided 1910-03-15

How this case has been cited

Cited by 4 later decisions — most recently March 1983

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Anderson, J.,

¶1after stating the facts as above, delivered the opinion of the court.

¶2The court erred in permitting testimony to uphold the character of the witness Mullins for truth and veracity, when it had *355not been directly assailed. It was not an issue before the jury, and could not be made one, except by bis adversary attacking it in the manner laid down by law. The issue of fact before the jury seems to have been about evenly balanced. Under these circumstances, such testimony probably had influential weight with the jury.

¶3Reversed- and remanded.