Panola County Bank v. J. O. Nessen Lumber Co.

Citations

• 117 Miss. 583
• 78 So. 516

Syllabus

<p>1. Appeal and Ebkob. Introduction of evidence. Identification of exhibits.</p> <p>Where during the introduction of testimony, a contract was handed to the witness on the stand, and he was asked whether a third person had a contract with defendant to which he replied “yes” and the stenographer’s note recites (plaintiff here offers in evidence a certain contract to witness) and to the question: “You are the one who made that contract?” the witness answered: “Yes.” In such case the contract introduced in evidence was not sufficiently identified by the stenographer’s notes.</p> <p>2. Appeal and Ekrob. Record on appeal. Exhibits.</p> <p>Under Code 1906, section 735 (Hemingway’s Code, section 518), so expressly providing, a contract attached to the declaration as an exhibit is made a part of the record on appeal.</p> <p>3. Pleading. Introduction of evidence. Contracts.</p> <p>Under Code 1906, section 1794 (Hemingway’s Code, section 1634), providing that in suits founded on' any written instrument set forth in the pleadings, it shall not be necessary to prove the signature or execution unless the same be specifically denied by a plea verified by oath, where in an action by an assignee upon a contract attached *to the declaration, the execution thereof is not denied under oath, the contract need not be offered in evidence.</p> <p>4. Pleading. Complaint. Exhibits.</p> <p>In a suit by an assignee on a written contract for the sale of goods made up of separate items of shipment, it was not necessary to attach copies of the bills of -lading of such shipments to the declaration. It was only necessary for the plaintiff to attach to his declaration the written contract which was the foundation of the suit, written evidence of various transactions under the contract were mere evidence of the performance of the contract and these evidences need not be attached to the declaration.</p> <p>5. Pleadinc. Complaint. Exhibits.</p> <p>In a suit on a written contract attached as an ■ exhi