Whittaker v. Goodwin
Mississippi Supreme Court
Erom tbe circuit court of Olaiborne county. Hon. John N. Bush, Judge. Goodwin, appellee, was plaintiff in the court below; Whit-taker, appellant, was defendant there.
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Erom tbe circuit court of Olaiborne county. Hon. John N. Bush, Judge. Goodwin, appellee, was plaintiff in the court below; Whit-taker, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court. - Whittaker was indebted to Powell & Co., evidenced by a promissory note for $100 and secured by a deed of trust, with Goodwin as trustee, and conveying the two mules sued for in replevin by tbe trustee after default in tbe payment of tbe note. Defendant, Whittaker, upon seizure of the mules executed a replevin bond and the possession of the mules was…
1Opinion of the CourtAnderson, J.
The value of the mules in controversy was not proven, and the jury in their verdict fixed no value. The court rendered judgment awarding the mules in controversy to appellee, and, on his failure to deliver them up, judgment for appellee against appellant and the sureties on his appeal bond for $100, with interest, cost, and ten per cent, attorney’s fees. It was necessary to prove the value, and that it be found by the jury in their verdict.
The judgment of the court is 'erroneous. If the plaintiff recovers in replevin, and defendant has given bond, the judgment must be against the defendant…
2Cases cited3 opinions
- Spratley v. KitchensMississippi Supreme Court · 1878
- Rushing v. RushingMississippi Supreme Court · 1876
- Henry v. DillardMississippi Supreme Court · 1891
3Cited by3 opinions
- Todd v. WebbSupreme Court of Oklahoma · 1928
- Evans v. Junius Hart Piano HouseMississippi Supreme Court · 1925
- Griffin Et Ux v. BrinsonMississippi Supreme Court · 1960