Legal Opinion

Helm v. Gray

Mississippi Supreme Court

Decided October 15, 1881PublishedCited by 3 opinions

Appeal from the Circuit Court of Hinds County. Hon. S. S. Calhoon, Judge. Attachment by the appellant against H. C. McPike, a nonresident, was levied, on Jan. 27, 1881, upon one hundred and twenty-eight bales of cotton, one hundred and nine mules, five horses, and three thousand bushels of corn, which the appellee claimed, on Feb. 7, 1881,' according to law, as trustee in a deed of trust executed by McPike, to secure the firm of Harrison & Lewis.

Read the full summary

Appeal from the Circuit Court of Hinds County. Hon. S. S. Calhoon, Judge. Attachment by the appellant against H. C. McPike, a nonresident, was levied, on Jan. 27, 1881, upon one hundred and twenty-eight bales of cotton, one hundred and nine mules, five horses, and three thousand bushels of corn, which the appellee claimed, on Feb. 7, 1881,' according to law, as trustee in a deed of trust executed by McPike, to secure the firm of Harrison & Lewis. On Feb. 17, 1881, the appellant tendered issue that the things seized are and were the property of McPike, and liable to be attached as such, and…

1Opinion of the CourtCampbell, J.

The objection that the bill of exceptions does not show that the plaintiff, on the trial of the issue, introduced evidence of a judgment in his favor, and therefore was not entitled to succeed on any view of the ruling excepted to, is not well taken. The bill of exceptions was not taken to a judgment overruling a motion for a new trial, in which case, on appeal, the question here is, whether, on the whole evidence, the judgment is *58right. It is a special bill of exceptions taken during the trial, and designed to present a single question, and, if it contains more of the evidence than was…

2Cases cited2 opinions

  1. Whitfield v. WhitfieldMississippi Supreme Court · 1870
  2. Butler v. LeeMississippi Supreme Court · 1877

3Cited by3 opinions

  1. Dodds v. PrattMississippi Supreme Court · 1886
  2. French v. SaleMississippi Supreme Court · 1882
  3. LeFlore v. MillerMississippi Supreme Court · 1886

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API