Hollis & Ray v. Isbell
Mississippi Supreme Court
Appeal from circuit court of Copiab county. Hon. D. M. Miller, Judge. Suit by Hollis & Ray against J. M. Isbell. Judgment for plaintiffs before a justice of the peace was reversed on appeal, and plaintiffs appeal. We contend that this case is controlled absolutely by the casé of J. A. Broom v. 8. 8. Dale & Bon, 109 Miss. 52, 67 So. 659. It will be noted that in the case at bar the holder of the vendor’s lien, Win.
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Appeal from circuit court of Copiab county. Hon. D. M. Miller, Judge. Suit by Hollis & Ray against J. M. Isbell. Judgment for plaintiffs before a justice of the peace was reversed on appeal, and plaintiffs appeal. We contend that this case is controlled absolutely by the casé of J. A. Broom v. 8. 8. Dale & Bon, 109 Miss. 52, 67 So. 659. It will be noted that in the case at bar the holder of the vendor’s lien, Win. Atkinson & McDonald Company had no notice that the car had been taken to Hollis & Ray for repairs. This is the precise point on which the court below fell into error. These repairs…
1Opinion of the CourtEthbidge, J.
Hollis & Ray instituted a proceeding to establish a mechanic’s lien on an automobile which they had repaired for Isbell. Isbell had bought the automobile from Wm. Atkinson & McDonald Company, a corporation, who had retained title until the purchase money was paid. The suit originated in a justice of the peace court in which court there was a judgment holding the appellant’s claim superior to that of Atkinson & MoDlonald Company, from which judgment an appeal was prosecuted to the circuit court, where there was a judgment holding that the lien of Atkinson & McDonald Company was superior to…
2Cases cited2 opinions
- J. A. Broom & Son v. S. S. Dale & SonsMississippi Supreme Court · 1915
- Orr v. Jackson Jitney Co.Mississippi Supreme Court · 1917
3Cited by16 opinions
- FIRST NAT. BK. OF GREENVILLE v. VirdenMississippi Supreme Court · 1950
- Moorhead Motor Co. v. H. D. Walker Auto Co.Mississippi Supreme Court · 1923
- General Motors Acceptance Corp. v. SutherlandNebraska Supreme Court · 1932
- Weiss, Dreyfous & Seiferth, Inc. v. Natchez Inv. Co.Mississippi Supreme Court · 1932
- Richardson Tractor Company v. Square Deal MacHinery & Supply CompanyDistrict Court of Appeal of Florida · 1963
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