Chambers v. Meaut

Citations

• 66 Miss. 625

Syllabus

<p>1. Instructions. Immaterial error.</p> <p>If on the trial of a claimant’s issue in attachment instructions are given in behalf of the claimant which are applicable to the issue of the rightfulness of the attachment, but not to the claimant’s issue, this court will not reverse a judgment for the 'claimant because of such instructions, if it. appears that the plaintiff could not have been harmed thereby.</p> <p>2. Instruction as to Burden of Proof. “ Olear ” preponderance.</p> <p>An instruction which announces that the party on whom rests the burden of proving that a conveyance is fraudulent must establish that fact by a clear preponderance of the evidence, is not erroneous because of the use of the adjective “clear.”</p> <p>3. Assignment for Benefit of Creditors. Assignee mikout means, not a badge-fraud.</p> <p>The fact that the assignee in an assignment by an insolvent debtor for the benfit of creditors is a poor man and destitute of means is not a badge of fraud.</p> <p>4. Immaterial Errors. New trial refused if different result on another trial not' likely.</p> <p>In this case, the error assigned being the overruling of a motion for a new trial, this court will not reverse, although some of the instructions should probably not have been granted, as a different result would not likely be. reached on another trial.</p>