Storm v. Green

Citations

• 51 Miss. 103

Syllabus

<p>1. Evidence : Production thereof.</p> <p>It is a cardinal rule of evidence, that the best evidence which under the circumstances is attainable, must be produced, and that secondary or inferior evidence cannot be introduced unless a sufficient reason is shown for the nonproduction of the better.</p> <p>2. Same : Waiver thereof by pwrol evidence.</p> <p>If parol evidence goes to the jury to establish a fact of which written evidence exists, without objection, it will be taken that the party waives any exception for that reason. Acquiescence in the admission of secondary evidence estops the party from objecting to it, after the testimony has been closed, as inferior in quality.</p> <p>3. Exemplary Damages : Buie on the subject.</p> <p>Where wilfullness, fraud, malice or oppression, evincing a disregard for the rights of others, characterize the wrongful act complained of, the jury are not limited in their verdict to the mere value of the property and interest, but may rightfully consider the circumstances of aggravation, and increase, the damages, so as to enforce a respect for the rights of others, and as a punishment to the wilfull trespasser.</p> <p>4. Landlord and Tenant : Lien thereof.</p> <p>The act of April, 1813, gives to the.landlord a prior lien on the crop of the tenant. This act takes from the tenant the power to incumber his crop so as to impair the right of the landlord. Any mortgage, given by a tenant subsequent to the passage of this act, is subordinate to the lien created by it in favor of the landlord for his rent.</p>