Porter Hardware Co. v. Peacock
Mississippi Supreme Court
Appeal from circuit court of Lafayette county. Hon. W. A. Roane, Judge. Action by the Porter Hardware Company against J. W. Peacock. Judgment in favor of the defendant, and the plaintiff appeals. That the judgment of the court in this case is contrary to the law and the evidence.
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Appeal from circuit court of Lafayette county. Hon. W. A. Roane, Judge. Action by the Porter Hardware Company against J. W. Peacock. Judgment in favor of the defendant, and the plaintiff appeals. That the judgment of the court in this case is contrary to the law and the evidence. The sole issue to -be tried in this case is the question of the right of possession of the property involved in this suit. 46 Miss. 245. Admitting testimony to show anything but the right to possession of the property involved is contrary to the provisions of Code section 4232, defining the issues joined in a suit…
1Opinion of the CourtSmith, C. J.
This is an action of replevin in which the appellant, the plaintiff in the court below, seeks to recover from the appellee, the defendant in the court below, a gasoline engine which it had sold to the appellee on credit, reserving the title thereto until the purchase price should be fully paid. The sheriff in executing the writ of replevin took the engine into his possession, and no bond therefor was given by either party. It appears from the appellant’s declaration that the engine was sold to the appellee for five hundred and ñfty dollars of which the defendant paid, at or about the time of…
2Cases cited3 opinions
- Pryor v. Ludden & Bates Southern Music HouseSupreme Court of Georgia · 1910
- Bennett v. HollowayMississippi Supreme Court · 1877
- Hightower v. HenryMississippi Supreme Court · 1904
3Cited by8 opinions
- Road Material & Equipment Co. v. McGowanMississippi Supreme Court · 1956
- McCaskill v. LittleMississippi Supreme Court · 1952
- Bell v. SmithMississippi Supreme Court · 1929
- Carruth v. EasterlingMississippi Supreme Court · 1963
- Allen v. T. J. Moss Tie Co.Mississippi Supreme Court · 1930
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