Watts v. Ainsworth
Mississippi Supreme Court
From the circuit court of Copiali county. Hon. David M. Miller, Judge. Ainsworth, the appellee, was plaintiff in the court below; Watts, the appellant, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. The plaintiff, Ainsworth, sued out a writ of replevin in the justice’s court against defendant, Watts, for a mule, which was seized by the constable and bonded by appellant.
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From the circuit court of Copiali county. Hon. David M. Miller, Judge. Ainsworth, the appellee, was plaintiff in the court below; Watts, the appellant, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. The plaintiff, Ainsworth, sued out a writ of replevin in the justice’s court against defendant, Watts, for a mule, which was seized by the constable and bonded by appellant. On the trial the case was decided against plaintiff, aaJio appealed to the circuit court, Avhere he recoA^ered a judgment for the return of the mule or the value thereof.…
1Opinion of the Court
Mayes, J.,
delivered the opinion of the court.'
This case is differentiated from the case of Columbus Buggy Co. v. Turley, 73 Miss., 529 (19 South. Rep., 232; 32 L. R. A., 260; 55 Am. St. Rep., 550). In the case, supra, the Columbus Buggy Company sold to one Smitha,' a trader, being actively engaged in the business of hiring and selling carriages and buggies, and being given in the contract itself authority to sell the articles sent to him by the Columbus Buggy Company. Smitha sold some of the buggies to Turley in satisfaction of a debt he owed him) and the Columbus Buggy Company brought an…
2Cases cited3 opinions
- Columbus Buggy Co. v. TurleyMississippi Supreme Court · 1895
- Parry Manufacturing Co. v. LowenbergMississippi Supreme Court · 1906
- Lewenberg v. HayesSupreme Judicial Court of Maine · 1897
3Cited by2 opinions
- United States Motor Truck Co. v. Southern Securities Co.Mississippi Supreme Court · 1923
- Fairbanks Co. v. GravesMississippi Supreme Court · 1907