Baggett v. Beard
Mississippi Supreme Court
Error to the circuit court of Lawrence county. McNair, J. This was a suit by Baggett and wife, on an injunction bond and sequestration bond, executed by tbe defendants in error, to Martha Baggett, whilst sole. These bonds were given on obtaining writs of injunction and sequestration in a suit in chancery to recover property — slaves and horses — claimed in the suit by Rachel H. Beard.
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Error to the circuit court of Lawrence county. McNair, J. This was a suit by Baggett and wife, on an injunction bond and sequestration bond, executed by tbe defendants in error, to Martha Baggett, whilst sole. These bonds were given on obtaining writs of injunction and sequestration in a suit in chancery to recover property — slaves and horses — claimed in the suit by Rachel H. Beard. The plaintiff proved the seizure of the property pnder the writ of sequestration, and that the officer, without removing the property, remained on the premises four days, in charge of it, until the plaintiff in…
1Opinion of the Court
Simrall, J.:
Win. S. Baggett and Martha, his wife, sued the defendants in error in the circuit court of Lawrence county, on injunction and sequestration bonds, and assigned sundry breaches. The defendants pleaded nil debit. Plaintiffs moved to strike out the plea, because not responsive to the declaration, which motion the court overruled, and the issue was found by a jury for the defendants, who bring the case here bjr writ of error, and complain of errors :
1st. In not striking out the plea of nil debit.
2d. In refusing to receive testimony of counsel fees paid in the chancery causes.
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2Cases cited1 opinion
- McRae v. BrownSupreme Court of Louisiana · 1857
3Cited by5 opinions
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- Clayton-Hughes Co. v. GlassMississippi Supreme Court · 1925