Legard v. Gholson
Court of Appeals of Mississippi
In error from the circuit court of Monroe county; Hon. F. M. Rogers, judge. This was an action of assumpsit for money had and received to the plaintiff’s use, and was founded on the defendant’s receipt for the money. The plaintiffs, on the 30th day of October, 1846, recovered judgment in the circuit court of Monroe county, against one Gabriel M. Nagsdale, for the sum of $637.23, besides cost of suit. Execution issued, and returned no property found.
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In error from the circuit court of Monroe county; Hon. F. M. Rogers, judge. This was an action of assumpsit for money had and received to the plaintiff’s use, and was founded on the defendant’s receipt for the money. The plaintiffs, on the 30th day of October, 1846, recovered judgment in the circuit court of Monroe county, against one Gabriel M. Nagsdale, for the sum of $637.23, besides cost of suit. Execution issued, and returned no property found. Afterwards, by virtue of certain orders and proceedings in the said circuit court, said judgment was sold by the sheriff to the defendant, Samuel…
1Opinion of the CourtJustice Fisher
This is a writ of error to a judgment of the circuit court of Monroe county, sustaining the demurrer to the complaint of the plaintiffs in the court below.
The complaint discloses the following state of facts. The plaintiffs, on the 30th day of October, 1846, recovered a judgment in said court against one Gabriel M. Nagsdale for the sum of $637.23, besides costs of suit, upon which an execution was issued, and returned by the sheriff nulla bona. On the 4th *693of October, 1847, the judgment, by virtue of an order of the court previously made, was sold for the costs due thereon, when it was…
2Cited by2 opinions
- Brand v. WilliamsSupreme Court of Minnesota · 1882
- Pascagoula Hardwood Co. v. ChisholmMississippi Supreme Court · 1932