Leathers v. Fred O. Howe & Co.
Mississippi Supreme Court
Appeal from the circuit court of Harrison county. Hon. T. H. Barrett, Judge. Suit hy Fred O. Howe & Company, against J. A. Leathers, and others, begun in a justice of the peace court and appealed to the circuit court by defendant. From a judgment in the circuit court for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Harrison county. Hon. T. H. Barrett, Judge. Suit hy Fred O. Howe & Company, against J. A. Leathers, and others, begun in a justice of the peace court and appealed to the circuit court by defendant. From a judgment in the circuit court for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. We submit that the agreement of B. C. Cowan, as attorney for appellee with said J. A. Leathers, to release said Leathers and to take a judgment against Cause and Kellier jointly, was binding on said appellee, Fred O. Howe & Co. Cowan being…
1Opinion of the CourtReed, J.
This case originated in a justice of the peace court. Judgment was rendered there against the defendant. He appealed and gave bond with two sureties. In the circuit court, by agreement between the attorney for plaintiff and attorney for defendant, the name of one of the sureties on. the bond was erased and. judgment was entered against the principal and the remaining surety. Execution was issued on this judgment, and levy was made on the property of the surety against whom judgment was rendered. He obtained an injunction from the chancery court, restraining further proceeding’s under the…
2Cited by2 opinions
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