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Brenard Mfg. Co. v. Brown

Supreme Court of Mississippi, Division A
Jan 28, 1929
120 So. 182 (Miss. 1929)

Opinion

No. 27384.

January 28, 1929.

APPEAL AND ERROR. Appellate court, though determining appellant was entitled to recover, cannot render judgment, where appellant did not ask for premptory instruction.

Where appellant did not ask for a peremptory instruction, appellate court, though determining that appellee's request for peremptory instruction should not have been granted and that appellant was entitled to recover, is without authority to render judgment.

APPEAL from circuit court of Simpson county, HON.W.L. CRANFORD, Judge.

Teat Cox, for appellant.


The court below should not have granted the appellee's request for a peremptory instruction, as on the evidence the appellant was entitled to recover. The ground of the court's ruling is not apparent, and no brief has been filed by the appellee pointing it out. The appellant did not ask for a peremptory instruction; consequently, we cannot render judgment for it here.

Reversed and remanded.


Summaries of

Brenard Mfg. Co. v. Brown

Supreme Court of Mississippi, Division A
Jan 28, 1929
120 So. 182 (Miss. 1929)
Case details for

Brenard Mfg. Co. v. Brown

Case Details

Full title:BRENARD MFG. CO. v. BROWN

Court:Supreme Court of Mississippi, Division A

Date published: Jan 28, 1929

Citations

120 So. 182 (Miss. 1929)
120 So. 182

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