Ouilette v. Davis
Mississippi Supreme Court
From the circuit court of Tunica county. Hon. R. W. Williamson, Judge. James Davis sued out before a justice of the peace a writ of seizure, under the act of 1884 (Laws, p- 84), to enforce payment of a debt due him by one Miller for labor done in cutting and hauling certain saw-logs. The affidavit alleged that the logs were the property of Miller, and were in his possession.
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From the circuit court of Tunica county. Hon. R. W. Williamson, Judge. James Davis sued out before a justice of the peace a writ of seizure, under the act of 1884 (Laws, p- 84), to enforce payment of a debt due him by one Miller for labor done in cutting and hauling certain saw-logs. The affidavit alleged that the logs were the property of Miller, and were in his possession. The writ of seizure, along with other writs against the same defendant, was levied on,a large lot of logs, with which those produced by plaintiff’s labor had been mingled. Before the return of the writ, Thomas Ouilette…
1Opinion of the CourtCooper, J.
The question whether a claim may be interposed to property seized under the proceedings authorized by the act of March 11, 1884 (Laws, p. 84), is not presented on this appeal. The appellee cannot assign error at all, for the judgment of the court below was in his favor, and he seeks in this court to maintain it. The appellant cannot assign as error the ruling of the court below that such claim can be interposed, for it was at his instance and in his favor that the court so ruled.
Upon the errors assigned, the judgment must be affirmed. The first assignment of error is to the action of the…
2Cases cited1 opinion
- Frank, Herman & Co. v. RobinsonMississippi Supreme Court · 1887
3Cited by5 opinions
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- Dodge v. CutrerMississippi Supreme Court · 1912
- Anderson v. AndersonMississippi Supreme Court · 1930
- Rowan v. CarletonMississippi Supreme Court · 1911