Gale v. Lancaster

Citations

• 44 Miss. 413

Syllabus

<p>1. Bill pbotested befobe dub — Judgment by default. — Action by the holder' against the acceptors of a bill of exchange protested for non-payment. The bill and protest are filed with the declaration and are copied into the record, and show that the bill was presented and protested before it became due. There was issue joined, jury and verdict for plaintiff. In the absence of any hill of exceptions or anything in the record showing what, or whether any evidence was given to tho jury in the case, the verdict and judgment will not he disturbed, whatever irregularities thore may-have been being cured by our statutes of jeofails. Rev. Code, art. 181.</p> <p>2. Practice — Evidence.—Although the statute requires the writing sued on to be filed with the declaration, that does not make it a part of the declaration; nor does its being copied into.it make it part of the record in a legal technical sense ; andhence it cannot be considered as apartof the evidence.</p> <p>3. Pbbsumjtioii ik soteobt oe verdict_What may have been the evidence on the trial, or what questions may have arisen and been decided during its progress, the court cannot know, in the absence of all exceptions in the record, but it will be pre-srrmed that every fact essential to a verdict was.proved before the jury.</p> <p>4. Same. — In an action at law whore there has been a trial and verdict for plaintiff, if tko defendant makes no motion for a new trial, the court will presume that sufficient ovidenco was before the jury to justify the verdict.</p>