Ouilette v. Davis

Citations

• 69 Miss. 762

Syllabus

<p>1. Supreme Court. Errors assignable. Rulings favorable to appellant.</p> <p>No objection can be made in tliis court by either party to rulings of the trial court which were favorable to, or made at the instance of, the party who appeals, and who alone assigns error.</p> <p>2. Evidence. Examination of witness. Immaterial error.</p> <p>Error cannot be predicated upon the action of the trial court in sustaining an objection to a question, if, during the further progress of the examination, and at the instance of both parties, the witness made a full statement of the matter inquired,about.</p> <p>3. Same. Objections must be specific.</p> <p>A party whose evidence is rejected should show by his bill of exceptions its purport, in order that this court may determine its relevancy and competency. All reasonable intendment will be made against one whose objections ill such case are not sx>ecifie.</p> <p>4. Agreement to Sell. Title. Delivery neeessgry.</p> <p>Under'a written agreement by which one party agrees, in consideration of advances, to cut and deliver, and the other to buy, logs to be delivered at a certain place, when the final payment should be made, the fact that advances generally have been made beyond the price of the logs, will not, of itself, in the absence of delivery according to the contract, operate to pass the title, and vest in the buyer the right to the logs.</p> <p>5. Lien oe Laborer. Seizure. Act of 1884. Gonfusion of goods.</p> <p>One who, under the act of 1884 (Laws, p. 84) is entitled to establish a lien on logs produced by his labor, does not lose this right because the logs have been, by his employer, mingled with others so as not to be distinguishable. He may, by a writ of seizure, establish his lien against the entire mass.</p>