Oppenheimer v. Telhiard

Citations

• 123 Miss. 111
• 85 So. 134

Syllabus

<p>1. Sales. Written lease covering ftirniture held to constitute sale under Louisiana law.</p> <p>A so-called written lease whereby a furniture merchant of New Orleans, La., delivered to his lessee or customer a suit of furniture at his New Orleans residence, examined, and under the Louisiana law construed as a sale.</p> <p>2. Sales. Agreement for sale of furniture held to authorise purchaser to sell.</p> <p>Under a written contract whereby a furniture merchant delivered a suit of furniture to his customer, the terms of which require the customer to pay unconditionally the full amount of the purchase price and provide that title should pass on payment of the agreed consideration, the purchaser may sell the property, and the buyer may pay or tender the balance due and retain or defend his possession.</p> <p>3. Justices of the Peace. Deposition of nonresident witness may he taken in civil suit and is available to either party.</p> <p>Under sections 1925, 1928, and 1931, Code of 1906 (sections 1585, 1588, and 1591, Hemingway’s Code), the deposition of a nonresident witness may be taken in a civil cause before a justice of the peace the same as in the circuit court, and when received by the justice such deposition is filed and deposited among the papers in the cause and may be introduced by either party. ''</p> <p>4. Justice of the Peace. Deposition of nonresident witness should he certified on appeal to circuit with original papers.</p> <p>The deposition of a nonresident witness taken for use in the trial of a civil cause before a justice of the peace should on an ap- . peal from the justice court to the circuit court be certified by the justice of the peace along with the original papers and process, and, when lawfully taken and certified, may be introduced on the trial de novo in the circuit court.</p> <p>5. Trial. Instruction directing jury to fix value of furniture at stated sum without competent evidence held erroneous.</p> <p>In a replevin suit for the possessio