Legal Opinion

Howard v. Proskauer

Mississippi Supreme Court

Decided October 15, 1879PublishedCited by 1 opinion

Error to the Circuit Court of Monroe County. Hon. J. A. GreeN, Judge. To justify the sheriff in withholding money, received by him. under execution or attachment, .from the creditor whose lien, is the oldest, it must appear that there are parties contesting tbe creditor’s right seriously and diligently, and -by suitable proceedings before a proper tribunal. Wallace v. Graham, 18 Rich. 322; Thomas v. Yates, 1 McMullan, 179; Cooper v. Scott, 2 McMullan, 150; Dawkins y.

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Error to the Circuit Court of Monroe County. Hon. J. A. GreeN, Judge. To justify the sheriff in withholding money, received by him. under execution or attachment, .from the creditor whose lien, is the oldest, it must appear that there are parties contesting tbe creditor’s right seriously and diligently, and -by suitable proceedings before a proper tribunal. Wallace v. Graham, 18 Rich. 322; Thomas v. Yates, 1 McMullan, 179; Cooper v. Scott, 2 McMullan, 150; Dawkins y. Pearson, 2 Bailey, 619; Thomas v. Aithen, 2 Dudley, 292; Johnson y. Gorham, 6 Cal. 195 ; Waldman y. Broder, 10 Cal. 378 ;…

1Opinion of the CourtChalmers, J.

Sundry creditors of A. Strouse sued out attachment writs against him. - The eldest of these was at the suit of A. Pros-kauer & Co., and it, together with all the writs issued, were levied upon a stock of goods which were sold as perishable in their nature and the money realized was held by the sheriff. At the May Term, 1879, of the Circuit Court of Monroe County, judgments were obtained against Strouse by all the *249attaching creditors; but that of A. Proskauer & Co. was of superior lien because of the priority of levy. Before the money realized by sale of the goods was paid, over to them, the…

2Cases cited3 opinions

  1. Henderson, Terry & Co. v. ThorntonMississippi Supreme Court · 1859
  2. Newland v. BakerNew York Supreme Court · 1839
  3. Wilson v. WrightNew York Supreme Court · 1854

3Cited by1 opinion

  1. Hamilton v. StateCourt of Criminal Appeals of Texas · 1918

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