Anderson v. Maxwell
Mississippi Supreme Court
Anderson v. Maxwell, 94 Miss. 138 (Miss. 1908)
48 So. 227
Fletcuer
Anderson v. Maxwell
Opinion of the Court
delivered the opinion of the court.
This ease was tried in the circuit court without objection upon testimony and instructions which recognized the regularity of the proceedings and the competency of the testimony. In this court it is sought to challenge the result of the trial upon grounds never suggested until after verdict in the conduct of the case belotv. We think it is too late to alter the scope of the issue or the course of the pleadings. Appellant must stand upon the record which he made in the circuit court.
■ Affirmed.
Reference
- Full Case Name
- John R. Anderson v. Wiley J. Maxwell
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Evidence. Parol to vary writing. Failure to seasonably object. Motion for new trial. Objections to the competency of parol testimony as varying the terms of a written instrument cannot be made for the first time in a motion for a new trial. 2. Same. Grantor and grantee. Rent reserved by parol. Where, in an issue between them touching rents, the grantee in an absolute deed permitted the. grantors, without objection to prove by parol that he reserved the right to collect the rents for the current year, maturing after the execution of the deed, he cannot after verdict complain of the incompetency of the testimony.