Tully v. Herrin
Mississippi Supreme Court
Error to the circuit court of Rankin county. TaRbell, J. On 17th day of November, A. D. 1868, in the county of Rankin, plaintiff in error, as syndic of the insolvent firm of A. J. Tully & Co., doing business in New Orleans, La., sued out an attachment at law, founded upon a claim of said firm of A. J. Tully & Go. against defendant in error, for the sum of $1,806 91 due by open account.
Read the full summary
Error to the circuit court of Rankin county. TaRbell, J. On 17th day of November, A. D. 1868, in the county of Rankin, plaintiff in error, as syndic of the insolvent firm of A. J. Tully & Co., doing business in New Orleans, La., sued out an attachment at law, founded upon a claim of said firm of A. J. Tully & Go. against defendant in error, for the sum of $1,806 91 due by open account. Affidavit was duly made by the agent of said H. Tully, syndic, and bond given in substantial pursuance of the statute. An attachment duly issued, which was executed by levying upon an iron safe of defendant,…
1Opinion of the Court
SiMRALL, J..:
H. Tully, syndic of A. J. Tully '& Co., a commercial firm at New Orleans, Louisiana, who had become insolvent, instituted this suit by attachment against Herrin. .
The first question raised in this court is whether the syndic can maintain a suit at law in his own name. The syndic fulfills,' under the civil law, very much the same functions of trustee'under our system, upon a. surrender of all his property and effects, by an insolvent for the benefit of creditors. The laws of Louisiana provide for the appointment of a syndic, in whom the property and effects rest, to be…
2Cases cited3 opinions
- Fox v. MatthewsMississippi Supreme Court · 1857
- Montague v. KingMississippi Supreme Court · 1859
- Weathersby v. SinclairMississippi Supreme Court · 1870
3Cited by8 opinions
- Paramount Publix Corp. v. BoucherMontana Supreme Court · 1933
- Southland Broadcasting Co. v. TracyMississippi Supreme Court · 1951
- Cook v. State Farm Mutual InsuranceMississippi Supreme Court · 1961
- Anaconda Aluminum Co. v. SharpMississippi Supreme Court · 1962
- McDowell v. MinorMississippi Supreme Court · 1930
3 more not listed; retrieve them via the Exa API.