49 So. 739 | Miss. | 1908
delivered the opinion of the court.
A most careful scrutiny of the testimony in this record fails to show that William L. Durham was a “trader,” within the meaning of our sign statute. Section 4184 of the Code of 1906. The evidence, taken as a whole, shows that the stable he kept was a livery and feed stable, rather than a livery and sales stable. There is no competent evidence of any sale made by him, except of one vehicle. There is certain other testimony about sales; but that testimony is wholly hearsay, and, of course, incompetent. “One swallow does not make a summer,” nor one
On the whole testimony, it was plainly error for the court to give the peremptory instruction, as it did, to find for the plaintiff in execution. The case should have gone to the jury.
Reversed and remanded.