Bedford, French & Goodwin Co. v. W. T. Adams Machine Co.
Mississippi Supreme Court
From the circuit court of Quitman county. Hon. Samuel C. Cook, Judge. i The Bedford, French & Goodwin Co., appellant, was plaintiff •in the court below; one Harris was defendant in execution there, and the. Adams Machine Co., appellee, was claimant of the property leyied upon. From a judgment in claimant’s favor on a •claimant’s issue, the plaintiff appealed to the supreme court.
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From the circuit court of Quitman county. Hon. Samuel C. Cook, Judge. i The Bedford, French & Goodwin Co., appellant, was plaintiff •in the court below; one Harris was defendant in execution there, and the. Adams Machine Co., appellee, was claimant of the property leyied upon. From a judgment in claimant’s favor on a •claimant’s issue, the plaintiff appealed to the supreme court. One Harris purchased conditionally from appellee, the property, machinery, involved in this litigation, and gave his note for same, dated January 20, 1903, due May 20, 1903; said note-evidenced. that the title to the…
1Opinion of the Court
Mayes, J.,
delivered tbe opinion of tbe court.
We are unable to distinguish tbis case from tbe case of Sears v. Gunter, 39 Miss. 338, and tbe court should have sustained tbe motion to dismiss the claim because of tbe failure of tbe claimant to join issue at tbe first term, as required by Code 1906, § 4993. Tbe only difference appearing in tbe record of this ease from that of tbe Gunter case, above referred to] is that in tbe Gunter case tbe failure to tender issue was on tbe part of tbe plaintiff in execution, while in tbis case tbe failure to join issue is on the part of tbe claimant. Code…
2Cases cited1 opinion
- Sears v. GunterMississippi Supreme Court · 1860
3Cited by1 opinion
- White v. RoachMississippi Supreme Court · 1910