Weis v. Aaron
Mississippi Supreme Court
From the circuit court of Leflore county. Hon. F. A. Montgomery, Judge. J. Weis & Co., appellants, recovered a judgment in replevin, in 1896, against Basket & Aaron, as principals, and Upshur, their surety on the replevin bond. At the time of the rendition of this judgment, Upshur, the surety, was dead.
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From the circuit court of Leflore county. Hon. F. A. Montgomery, Judge. J. Weis & Co., appellants, recovered a judgment in replevin, in 1896, against Basket & Aaron, as principals, and Upshur, their surety on the replevin bond. At the time of the rendition of this judgment, Upshur, the surety, was dead. Afterwards an execution on the judgment was levied on certain cotton as the property of Basket, and the same was claimed by appellee, Herman Aaron, who was not a party to the judgment. The court below held, upon trial of the claimant’s issue, that plaintiffs’ judgment was void, because one of…
1Opinion of the CourtWhitfield, J.
The judgment was in replevin against the principals, Basket & Aaron, and Upshur, the surety on the replevin bond. Such *140surety is “a party to the litigation by operation of law.’ Spratley v. Kitchens, 55 Miss., 581; 1 Freem. Judg., sec. 176. The surety was dead when the judgment was rendered, yet judgment was 'rendered against the principals and surety. The judgment was an entirety, and was absolutely void. Parisot v. Green, 46 Miss., 750; Dyson v. Baker, 54 Miss., 28; Hall v. Williams, 6 Pick., 246; Insurance Co. v. Clover, 36 Mo., 392. In this last case, Monster and Clover were sued,…
2Cases cited5 opinions
- Covenant Mutual Life Insurance v. CloverSupreme Court of Missouri · 1865
- Dyson v. BakerMississippi Supreme Court · 1876
- Spratley v. KitchensMississippi Supreme Court · 1878
- Burks v. BurksMississippi Supreme Court · 1889
- Parisot v. GreenMississippi Supreme Court · 1872
3Cited by11 opinions
- Munford, Inc. v. PetersonMississippi Supreme Court · 1979
- Cole v. Parker-Washington Co.Supreme Court of Missouri · 1918
- Moore v. SummervilleMississippi Supreme Court · 1902
- Illinois Central Railroad v. ClarkeMississippi Supreme Court · 1904
- St. Louis & San Francisco Railroad v. SandersonMississippi Supreme Court · 1910
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