Frizell v. White
Mississippi Supreme Court
In error from the circuit court of Madison county; Hon. Robert C. Perry, judge. The facts of the case are contained in the opinion of the court. If the evidence does not tend to show each essential fact, the instruction that the jury ought to find for the defendant was correct, and the new trial should have been refused. The suit should not have been revived against Frizell, the administrator of Hoy. The reviving of suits by scire facias is of statutory •origin.
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In error from the circuit court of Madison county; Hon. Robert C. Perry, judge. The facts of the case are contained in the opinion of the court. If the evidence does not tend to show each essential fact, the instruction that the jury ought to find for the defendant was correct, and the new trial should have been refused. The suit should not have been revived against Frizell, the administrator of Hoy. The reviving of suits by scire facias is of statutory •origin. Our statute only authorizes the revival where the cause of action by law survives against the executor or administrator as such.…
1Opinion of the CourtJustice Handy
This was an action of replevin under the act of 1842, brought by John White, in his lifetime, against William Hoy, in his lifetime, for certain negro slaves, alleged to have been wrongfully detained by Hoy from White, who claimed to be entitled to the immediate possession .of them.
The case was tried between the original parties at the April term, 1846, of the Madison circuit court, and the plaintiff, in su pport of his action, gave in evidence the following facts. That tbe plaintiff purchased the slaves from one Hays, in the year 1835, and took and held possession of them until about the 1st…
2Cited by7 opinions
- Kimball v. RedfieldOregon Supreme Court · 1898
- Bell v. SmithMississippi Supreme Court · 1929
- Garnett v. KirkmanMississippi Supreme Court · 1857
- Fisher v. FisherMississippi Supreme Court · 1870
- Johnson v. SandersMississippi Supreme Court · 1927
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