Oliver v. Ferguson
Mississippi Supreme Court
Appeal from the circuit court of Forest county. Hon. Paul B. Johnson, Judge. Attachment for rent by Ferguson & Allen, landlords against M. E. Ates, wherein P. Oliver filed a claimants appeal. The facts are fully stated in the opinion of the court. Appellees relied upon section 4784 of the Code of 1906 and claimed that the property of appellant is liable thereunder.
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Appeal from the circuit court of Forest county. Hon. Paul B. Johnson, Judge. Attachment for rent by Ferguson & Allen, landlords against M. E. Ates, wherein P. Oliver filed a claimants appeal. The facts are fully stated in the opinion of the court. Appellees relied upon section 4784 of the Code of 1906 and claimed that the property of appellant is liable thereunder. I submit that Mrs. Ates, the tenant, was not a trader within the meaning of that section and that she did not acquire the property in question in the conduct of said business. Durham et al. v. Slidell Liquor Co., 49 So. 739. A…
1Opinion of the CourtSykes, J.
Appellees, as landlords, sued out an attachment for rent against one M. E. Ates in a justice of the peace court of Forest county, and certain personal property was distrained under said proceedings as belonging to the tenant, Mrs. Ates. The appellant, Oliver, filed a claimánt’s affidavit in said case claiming one piano, one stool, some shelving, one counter, one end of a counter, and one ice box as belonging to him. On the trial of the claimant’s issue in the justice of the peace court Oliver lost, and presecuted an appeal to the circuit court. In the circuit court Oliver’s testimony shows…
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