Melius v. Houston
Mississippi Supreme Court
Error to the Circuit Court of Monroe county, lion. J. M. Acker, judge. 1. That the deeds of Mobley were void on their face; and cited numerous authorities. The point raised was not considered by the court, and the argument is not inserted. 2. That the record from the Court of Ordinary in South Carolina, was improperly admitted as evidence. Stewart v. Suanrey, 23 Miss. R. 505. 3. That the death of Mobley did not vitiate the judgment rendered afterwards.
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Error to the Circuit Court of Monroe county, lion. J. M. Acker, judge. 1. That the deeds of Mobley were void on their face; and cited numerous authorities. The point raised was not considered by the court, and the argument is not inserted. 2. That the record from the Court of Ordinary in South Carolina, was improperly admitted as evidence. Stewart v. Suanrey, 23 Miss. R. 505. 3. That the death of Mobley did not vitiate the judgment rendered afterwards. The evidence shows that the suit of attachment was served before Mobley’s death, and by the provisions of the Code the suit is prosecuted to a…
1Opinion of the Court
Handy, O. J.,
delivered the opinion of the court.
This was a trial of the right of property, made on the claim of the defendant in error, under the statute, of a negro slave levied on under an attachment against one Mobley at the suit of the plaintiffs in error.
The caséis brought up on special exceptions taken to the rulings of the court below, on the trial, and the action of the court on the motion for á new trial cannot be considered, because the record does not properly show any such motion, nor any judgment of the comí thereon, the same appearing only in the bill of exceptions.
On the trial,…
2Cited by5 opinions
- Hall v. StateMississippi Supreme Court · 1989
- Bridgeforth v. StateMississippi Supreme Court · 1986
- Holman v. FisherMississippi Supreme Court · 1873
- French v. SaleMississippi Supreme Court · 1882
- Wallace v. HerringMississippi Supreme Court · 1949