Scarborough v. Smith

Citations

• 52 Miss. 517

Syllabus

<p>1. Motion foe, New Trial : When it must he disposed of.</p> <p>Motions for new trial must be disposed of at the term when made or at the next ensuing term. They cannot be kept under advisement by the circuit judge beyond the term succeeding that at which they were made.</p> <p>■2. Cases Reviewed and Modified.</p> <p>The cases bearing on power of the court over motions for new trial cited and reviewed. Case of Hudson v. Strickland, 49 Miss.,- 592, held to announce only the doctrine that $ 534 of Code, requiring the testimony to be reduced to writing during the term at which a case is taken under advisement, does not apply to motions for a new trial. If its language seems broader than this, it is to that extent ill-advised. Section 534 of Code applies to motions for new trials.</p> <p>•3. Evidence: Memorandum by stranger. Improper admission to impeach credibility.</p> <p>It is not competent to impeach the credibility of a witness by introducing a memorandum made by a stranger of the testimony given by said witness upon a former trial of the same cause, the witness not having been first questioned as to the testimony given by him on said former trial. 'Where the evidence is conflicting, and the result may depend upon the credibility of such witness, the improper admission of such memorandum is sufficient ground for reversal.</p>