Ott v. Smith Bros.
Mississippi Supreme Court
From tbe circuit court of Amite county. By agreement of parties, D. C. BraMKETt, Esq., a member of the bar, presided as special judge on the trial of this case. The opinion states the case. In the court below plaintiffs in attachment recovered judgment, from which this appeal is prosecuted by the claimants.
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From tbe circuit court of Amite county. By agreement of parties, D. C. BraMKETt, Esq., a member of the bar, presided as special judge on the trial of this case. The opinion states the case. In the court below plaintiffs in attachment recovered judgment, from which this appeal is prosecuted by the claimants. It was error to instruct the jury that the judgment sustaining the attachment against the defendant was prima fade evidence that' the sale to claimants was fraudulent, and placed the burden of proof upon them to show that their purchase was in good faith.. This is not the law. Richards v.…
1Opinion of the CourtCooper, J.
Appellees sued out an attachment against Porter & Webb, upon the following grounds :—
1. That they had property or rights in action which they concealed and refused to apply to the payment of their debts. 2. That they had assigned or disposed of, or were about to assign and dispose of, their property or rights in action, or some part thereof, with intent to defraud their creditors. 3. That they had converted, or were about to convert, their. property into money or evidences of debt with intent to place it beyond the reach of their creditors. 4. That they had fraudulently contracted the debt…
2Cases cited1 opinion
- Richards v. VaccaroMississippi Supreme Court · 1890
3Cited by2 opinions
- Merchants' & Farmers' Bank v. Pool Bros.Mississippi Supreme Court · 1926
- Martin v. McGrawMississippi Supreme Court · 1966