Melton Hardware Co. v. Heidelberg

Citations

• 91 Miss. 598
• 44 So. 857

Syllabus

<p>1. Evidence. Pleadings. Waiver of objection to testimony. Garnishment. Answer. Traverse.</p> <p>The admission of testimony on the trial of an issue, made by a traverse of a garnishee’s answer denying liability, will not warrant the reversal of a judgment in the garnishee’s favor on the ground that the pleadings did not warrant its introduction, if such objection were not made in the trial court.</p> <p>2. Garnishment. Set-off. Pleadings.</p> <p>The technical rules of set-off in ordinary litigation are not applicable in garnishment proceedings, where the purpose is to determine what, if anything, the garnishee may owe the defendant.</p> <p>3. Appeal. Review. . Harmless error.</p> <p>Where no other result than that which was reached could possibly he proper on the testimony, errors in instructions or otherwise are not grounds for reversal.</p>