McKinney v. Willis
Mississippi Supreme Court
Appeal from the Chancery Court of Sharkey County. IJoN. WabeeN CoavaN, Chancellor, W. C. H. McKinney and W. H. Barnard filed this bill in equity against John Willis.
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Appeal from the Chancery Court of Sharkey County. IJoN. WabeeN CoavaN, Chancellor, W. C. H. McKinney and W. H. Barnard filed this bill in equity against John Willis. The bill set out that in December, 1882, John Willis distrained for rent of land certain personal property belonging to George W. and J. A. Hollingsworth; that the Hol-lingsworths replevied the property with complainants as sureties on their replevin bond ; that at the last term of the circuit court an award of arbitration was made and filed therein and entered as the judgment of said court in the case of Willis against the…
1Opinion of the Court
Cooper, C. J.,
delivered tbe opinion of the court.
If the circuit court erred in permitting Willis, the landlord, to amend his affidavit on which his distress warrant had been issued, or in rendering judgment on the award made by the referee against the complainants, who were sureties on the replevin bond given by the tenants, they should have interposed their objection in that court when judgment was about to be entered against them, and appealed from the judgment. If there is error now there was error then. The error, if it exists, is apparent on the face of that record, or might have been…
2Cases cited3 opinions
- Ammons v. WhiteheadMississippi Supreme Court · 1856
- Jones v. CokerMississippi Supreme Court · 1876
- Atkinson v. FoxworthMississippi Supreme Court · 1876