Mixon v. Pollok
Mixon v. Pollok
Opinion of the Court
A sister sued her brother and sister, and recovered against the brother alone. The sole complaint is, that the verdict was contrary to law and evidence and the charge of the court. On these grounds the brother moved for a new trial, and it was refused.
The cause of action alleged, was the promise to pay a fixed sum for withdrawing a caveat to a will. Defendants denied the contract as declared upon; averred that none was made to which the brother was a party; and alleged that the one in fact made between the two sisters was broken by the plaintiff, whereby the consideration totally failed. The brother was not sworn as a witness, but the sisters both testified, and, for women, they swore hard. One of them must have been in deep error, for they disagreed widely. The plaintiff’s husl band corroborated her fully. Other witnesses supported the defendant-sister in her version of the contract, and in the
Judgment affirmed.
Reference
- Full Case Name
- John Mixon, in error v. Aurelia Pollok, in error
- Status
- Published