Carter v. Studdard

Citations

• 118 Miss. 345
• 79 So. 225

Syllabus

<p>1. Equity. Dismissal.</p> <p>It is improper practice for a chancery court to sustain a motion at the conclusion of the complainant’s evidence, to strike out the evidence and give judgment for the defendant, without, having the evidence of the defendant before the chancellor, and without requiring the defendant to rest his case upon complainant’s evidence.</p> <p>2. Evidence. Opinion. Logs and lumber.</p> <p>In an action for damages for failure to furnish logs to be sawed according to contract, the evidence of timber estimaters, timber haulers and lumber buyers as to the cost of hauling logs or lumber and the demand for the lumber and costs of manufacturing, was competent to show the amount of damages.</p> <p>3. Appeal and Eeeor. Disposition.</p> <p>Where in a chancery case the defendant at the close of plaintiff’s evidence moves to strike out the evidence, and for judgment, and the motion is sustained, the supreme court, on appeal, reserves the right to hold the defendant to an election to rest his case upon complainant’s evidence and the court will in its discretion enter judgment final upon the evidence in the record in such case.</p>