Magee v. Harrington

Citations

• 21 Miss. 403

Syllabus

<p>The case of Magee v. Gregg, 11 S. & M. 70, cited and confirmed.</p> <p>The verdict of a jury will not be disturbed because irrelevant testimony has been excluded, or irrelevant instructions given or refused, if it is apparent that the jury have not been misled, and thereby been induced to return a verdict contrary to the law or the evidence.</p> <p>In an action of detinue for a slave, the plaintiff claimed as administrator of the legatee of the former owner; the defendant claimed as purchaser at a sale by the administrator of the former owner; the great preponderance of proof was, that the slave was not included in the legacy to the plaintiff’s intestate, and the jury found in accordance with the weight of proof for the defendant; it was held not sufficient to set aside the verdict, that the court below had erroneously refused to allow a witness to answer when asked by plaintiff, whether the estate of the former owner of the slave was not sufficient to pay his debts without an abatement of the legacy to the plaintiff’s intestate; and had also erroneously instructed the jury, that the estate of the former owner must have been settled up by the probate court, and a decree rendered by that court in favor of the intestate of the plaintiff for the slave, before he could recover in that suit.</p>