Hayes v. Slidell Liquor Co.

Citations

• 99 Miss. 583
• 55 So. 356

Syllabus

<p>1. Supreme Court. Appeal. Motion for neio trial. Recoupment. Peremptory instruction. Trial.</p> <p>The general rule is that alleged errors of the trial court, occurring during the trial, will not be revised on appeal, unless such errors have been called to the attention of the trial court in a motion for a new trial.</p> <p>2. Same.</p> <p>Error in giving a peremptory instruction is analogous to a demurrer to the evidence and is reviewable on appeal, although no motion for a new'trial was made in the trial court.</p> <p>3. Recoupment. Set-off.</p> <p>Recoupment is distinguished from set-off in these particulai's:</p> <p>1st. It arises out of matters connected with the transaction or contract on which the plaintiff’s cause of action is founded.</p> <p>2nd. It matters not whether it be liquidated or unliquidated.</p> <p>3rd. It is-not dependent on any statutory regulaton, but is controlled by the principles of the common law.</p> <p>i. Peremptory Instructions.</p> <p>Where the evidence tends to establish a legal defense, a peremptory instruction should not be given against the defendant.</p>