74 Miss. 129 | Miss. | 1896
delivered the opinion of the court on the merits.
Regard being paid to the evidence of the plaintiff alone, and giving it, taken all together, such weight as it was fairly entitled to, did it make out, or tend to make out, the case of the plaintiff ? And could and should a court permit a verdict for plaintiff on that evidence to stand? We are clearly of opinion that both of these questions must be answered affirmatively, and so answering, we must declare the action of the court in excluding all the evidence of the plaintiff to be erroneous.
For the present, we do not pass upon the competency of young Muller’s statement made to Mrs. Guiney. The learned court below did not exclude this statement, on defendant’s motion, because of its incompetency, and we are not called upon to decide what was not ruled upon below. The court below excluded all the plaintiff’s evidence because of its insufficiency, and this we hold was error.
Reversed and remanded.