Miller v. Tennant-Stribling Shoe Co.
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Northern District of Mississippi. The plaintiffs in error, as the claimants of certain property levied upon under writ of attachment-sued out by the defendant in error, made affidavits in conformity with the provisions of section 4425 of the Mississippi Oode (1892), for the trial , of right of property.
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In Error to the Circuit Court of the United States for the Northern District of Mississippi. The plaintiffs in error, as the claimants of certain property levied upon under writ of attachment-sued out by the defendant in error, made affidavits in conformity with the provisions of section 4425 of the Mississippi Oode (1892), for the trial , of right of property. A portion of the property levied upon was claimed by D. W. Miller and H. J. Koper jointly, and a portion-by H. ,T. Koper individually. For that claimed by H. J. Koper a claimant’s bond was given under the statute. The writ of…
1Opinion of the CourtMeek, District Judge
The first error assigned complains of the action of the trial court “in overruling claimants’ written motion to discharge the levy upon the property levied on under the writ of attachment, and in not pronouncing judgment for the claimants and releasing them from their forthcoming bond because of the plaintiff’s failure to tender issue at the first term, as required by law.” The attachment proceedings and the filing of the claimants’ affidavits and bond for trial of right of property were had under the provisions of the Mississippi Code, and it is therefore incumbent upon this court to. give…
2Cases cited4 opinions
- Citizens' Bank of Wichita v. FarwellCourt of Appeals for the Eighth Circuit · 1893
- Third Nat. Bank of Baltimore v. TealU.S. Circuit Court for the District of Maryland · 1881
- Phillips v. CooperMississippi Supreme Court · 1874
- Sears v. GunterMississippi Supreme Court · 1860
3Cited by1 opinion
- Tennent-Stribling Shoe Co. v. RoperCourt of Appeals for the Fifth Circuit · 1904