Legal Opinion

Brinker v. Leinkauff

Mississippi Supreme Court

Decided October 15, 1886PublishedCited by 1 opinion

Appeal from the Circuit Court of Clay County. HoN. W. M. Bogers, Judge. Leinkauff & Strauss sued out a writ of attachment against one T. C. Smith and caused the same to be levied on a certain stock of goods.

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Appeal from the Circuit Court of Clay County. HoN. W. M. Bogers, Judge. Leinkauff & Strauss sued out a writ of attachment against one T. C. Smith and caused the same to be levied on a certain stock of goods. The sheriff who executed the writ required Leinkauff & Strauss to give him an indemnifying bond, the body of which is as follows : “We, J. H. Leinkauff and Leopold Strauss, partners in trade as Leinkauff & Strauss, as principals, and W. A. Bell and John Frenkel as sureties, bind ourselves to pay W. G. Stovall, sheriff of said county of Chickasaw, twelve hundred and three and ■eight…

1Opinion of the CourtCooper, C. J.

*240The demurrer was properly sustained. The damages which by their bond the appellees bound themselves to pay to the appellant were such as should result from the seizure of the goods and did not' include attorneys’ fees nor other expenses incurred by the appellant in defending his title to the property. Stauffer v. Garrison, 61 Miss. 67.

In Baggett v. Beard, 43 Miss. 120, it was held that attorneys’ fees were recoverable upon an injunction bond, and that decision as to that character of bond has been since followed. To decline to give the same construction to bonds substantially the same, given…

2Cases cited2 opinions

  1. Baggett v. BeardMississippi Supreme Court · 1870
  2. Stauffer v. GarrisonMississippi Supreme Court · 1883

3Cited by1 opinion

  1. Clayton-Hughes Co. v. GlassMississippi Supreme Court · 1925

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