Bishop Bros. v. Rosenbaum
Mississippi Supreme Court
Appeal from the Chancery Court of Kemper County. Hon. George Wood, Chancellor. The case is stated in the opinion of the court. The bill of Rosenbaum was demurred to, and the demurrer was overruled. This we assign for error. We do not notice specially the several grounds of demurrer, as we think, taken together, we may more readily dispose of them.
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Appeal from the Chancery Court of Kemper County. Hon. George Wood, Chancellor. The case is stated in the opinion of the court. The bill of Rosenbaum was demurred to, and the demurrer was overruled. This we assign for error. We do not notice specially the several grounds of demurrer, as we think, taken together, we may more readily dispose of them. The gravamen of the complaint is, that as the goods were replevied bjr Rosenbaum they were again and again attached, necessitating a continuing replevy by him and the incurring of obligations in excess of the value of the goods. This, of itself,…
1Opinion of the CourtChalmers, C. J.
On the 28th of April, 1876, Charles Rosenbaum purchased from Wood & Co. a stock of dry goods and groceries in the town of Scooba, including the good-will and unexpired lease *90of the retiring firm, and thereafter continued the business in the building formerly occupied by them.
Wood & Co. were largely insolvent, and sundry of their creditors, believing that the sale was colorable and collusive, sued out attachment writs against them, and had the same levied upon the goods in the possession of Rosenbaum. The first three attachments were levied upon different portions of the goods, and in the…
2Cited by3 opinions
- Illinois Central Railroad v. GarrisonMississippi Supreme Court · 1902
- J. Pollock & Co. v. Okolona Savings InstitutionMississippi Supreme Court · 1883
- Thames v. MangumMississippi Supreme Court · 1905