Legal Opinion

Alston v. Newcomer

Mississippi Supreme Court

Decided October 15, 1868PublishedCited by 15 opinions

. Error to tbe Circuit Court of Hinds county. Hon. John Watts, judge. ■ Defendants in error sued out an attachment against plaintiff in error, on the ground that she was a non-resident of tlio State of Mississippi. Elea in abatement traversing tbe alleged cause. On tbis issue jury and verdict for defendants in error. Pleas in bar were then filed, and, on tbe issues presented, jury and verdict and judgment for defendants in error.

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. Error to tbe Circuit Court of Hinds county. Hon. John Watts, judge. ■ Defendants in error sued out an attachment against plaintiff in error, on the ground that she was a non-resident of tlio State of Mississippi. Elea in abatement traversing tbe alleged cause. On tbis issue jury and verdict for defendants in error. Pleas in bar were then filed, and, on tbe issues presented, jury and verdict and judgment for defendants in error. The testimony, on the trial of the issue jiresented by the plea in abatement, is set forth in the opinion of the court. Motion for a new trial overruled, and writ of…

1Opinion of the CourtPeyton, J.

This suit was commenced by attachment, sired out at the instance of Newcomer & Iiausler against Alice E. Alston, on the ground that she was a non-resident of this -State. The writ of attachment was levied on certain real estate in the city of Jackson, in this State, as the property of the defendant in the attachment, and made returnable to the May Term, 1867, of the Circuit Court of Hinds county for the First District thereof.

- At the return term of the said writ of attachment, the defendant therein appeared and filed a plea in abatement, traversing the truth of the alleged cause for which…

2Cases cited3 opinions

  1. Frost & Dickinson v. BrisbinNew York Supreme Court · 1837
  2. Risewick v. DavisCourt of Appeals of Maryland · 1862
  3. Mandel v. Peet, Simms & Co.Supreme Court of Arkansas · 1856

3Cited by15 opinions

  1. State Tax Com'n v. EarnestMississippi Supreme Court · 1993
  2. Jones v. State Ex Rel. McFarlandMississippi Supreme Court · 1949
  3. Morgan v. NunesMississippi Supreme Court · 1877
  4. Krone v. CooperSupreme Court of Arkansas · 1884
  5. Hamill v. TalbottMissouri Court of Appeals · 1899

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