Weathersby v. Proby
Mississippi Supreme Court
AT the October term, 1829, of the circuit court for the county-of Franklin, in the suit before that time commenced by William Proby against William C. Weathersby and John F. Weather-spoon, in assumpsit, the only judgment which appears is in the following words; William C. Proby v. William Weathersby et al.
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AT the October term, 1829, of the circuit court for the county-of Franklin, in the suit before that time commenced by William Proby against William C. Weathersby and John F. Weather-spoon, in assumpsit, the only judgment which appears is in the following words; William C. Proby v. William Weathersby et al. “ Judgment confessed, reserving equity, subject to final decision in a bill in chancery, to be filed by William C. Weathersby, against Richard Bien and Judith and William Proby.” Upon the 19th day of March, 1832, an execution issued on the case against the defendants for the sum of six…
1Opinion of the CourtChief Justice Shaukey
The appellants made a motion in the circuit court of Franklin county, to quash an execution for two reasons.. First, that there was no judgment of the court to authorise the execution; and, secondly, that the execution was indorsed, that no security should be taken.
There is one feature in this case, which limits our investigation to much narrower bounds than counsel have contemplated. On the 33d of March, 1831, a forthcoming bond was given by the appellants, returnable to April term, which was forfeited. This bond was given on the first execution that issued.
The supreme court of this state…
2Cited by1 opinion
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