Mitchell v. Drake
Mississippi Supreme Court
Error to the Circuit Court of Warren County. Hon. UptON M. YouNG, Judge. No judgment could be rendered on the claimant’s bond in this case, because the statute (Acts 1876, p. Ill), by virtue of which the proceeding is instituted, authorizes no bond except in cases within the jurisdiction of the Circuit Court.
Read the full summary
Error to the Circuit Court of Warren County. Hon. UptON M. YouNG, Judge. No judgment could be rendered on the claimant’s bond in this case, because the statute (Acts 1876, p. Ill), by virtue of which the proceeding is instituted, authorizes no bond except in cases within the jurisdiction of the Circuit Court. The statute contemplates the speedy termination of such controversies in the justice’s court, and it provides that the practice in such cases in the Circuit Court shall conform to that in the magistrate’s court “ except that judgment may be rendered in the cause upon the bond.” As the…
1Opinion of the CourtChalmers, J.
Columbus Drake sued out before a justice of the peace a writ of seizure under the agricultural lien law of 1876, against Doc Drake, which was levied by the officer upon fourteen hundred pounds of lint cotton. John C. Mitchell propounded a claim for the cotton, and was allowed by the officer to take possession of it upon the execution of a forthcoming bond as in cases of attachment. Upon the trial before the justice, a personal judgment was rendered against the defendant and a judgment in favor of the claimant as to the ownership of the cotton. From this judgment in favor of the claimant, the…
2Cited by1 opinion
- Allen v. EdwardsMississippi Supreme Court · 1908