Atkinson v. Foxworth
Mississippi Supreme Court
Error to the Circuit Court of Marion County. Hon. Green C. Chandler, Judge. On 28th June, 1869, A. E. Foxworth, administrator of Elizabeth Foxworth, sued out scire facias to revive in his name a judgment in favor of his intestate, against Elisha Magee and Harris Pope. On 24th September, 1869, he sued out a writ of attachment in aid of the scire facias, which was levied on seven mules, eight horses and mares, and other property, valued separately.
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Error to the Circuit Court of Marion County. Hon. Green C. Chandler, Judge. On 28th June, 1869, A. E. Foxworth, administrator of Elizabeth Foxworth, sued out scire facias to revive in his name a judgment in favor of his intestate, against Elisha Magee and Harris Pope. On 24th September, 1869, he sued out a writ of attachment in aid of the scire facias, which was levied on seven mules, eight horses and mares, and other property, valued separately. The attachment-bond was in the following words: — “ State oe Mississippi, \ Marjon County. > “ Know all men by these presents, that we, A. E.…
1Opinion of the CourtSimrall, C. J.
It is proper to state in limine that this writ of error is prosecuted by the Messrs. Atkinson, the sureties on the claimant’s bond, and that they cannot assign error in the suit between the attachment creditor and his debtors. Although errors and irregularities might abound in those proceedings which would compel a reversal of the judgment on writ of error by the defendant in attachment, yet in the collateral suit between the claimant and the attachment creditor, he is bound by the judgment in the principal suit, unless that judgment be void. We do not think the objection taken to the…
2Cases cited2 opinions
- Pitts v. ParkerMississippi Supreme Court · 1870
- Trotter v. WhiteMississippi Supreme Court · 1853
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