Bamberger, Bloom & Co. v. Merchants' & Farmers' Bank
Mississippi Supreme Court
From the circuit court of the first district of Carroll county. Hon. C. H. Campbell, Judge. Attachment by the appellee against one E. C. Doty, on the ground, among others, that he was about to remove himself or his property out of this state. The defendant did not contest the grounds of attachment, and the cause was tried on the issues presented by the intervention of the appellants, creditors of the defendant, who did contest them.
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From the circuit court of the first district of Carroll county. Hon. C. H. Campbell, Judge. Attachment by the appellee against one E. C. Doty, on the ground, among others, that he was about to remove himself or his property out of this state. The defendant did not contest the grounds of attachment, and the cause was tried on the issues presented by the intervention of the appellants, creditors of the defendant, who did contest them. There was no evidence tending to support any of the grounds of attachment, save the one above stated. The substance of the evidence relating to that ground is…
1Opinion of the CourtWoods, J.
The entire evidence in this case, taken together and fairly ■considered, satisfies us that, in no proper sense, was the attached debtor ‘ ‘ about to remove himself or his property out of *574this state.” -He was a merchant whose business was not pi’osperous, and had been unsatisfactory, because of its unsuccessfulness, for several months. He was, therefore, casting about for a new location, and was desirous to make a change, and to remove to another and better field in another state. Months before the attachment was taken out, he had requested one of the witnesses for-the appellee to look about…
2Cited by1 opinion
- Shelton v. KindredMississippi Supreme Court · 1973