Williamson v. Childress
Mississippi Supreme Court
James Childress, administrator, &c., brought suit in the court below, and recovered a judgment against Williamson and Blair, who sued out a writ of error to this court, where the judgment was reversed, and a judgment rendered against Childress for the costs.
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James Childress, administrator, &c., brought suit in the court below, and recovered a judgment against Williamson and Blair, who sued out a writ of error to this court, where the judgment was reversed, and a judgment rendered against Childress for the costs. A fi. fa. was issued by the clerk of the high court of errors and appeals on said judgment against Childress, which recited the judgment in the usual form, &c., to “recover the costs,” &e., “to be levied of the goods and chattels, rights and credits which were of the intestate in his hands to be administered, if so much there be, and…
1Opinion of the CourtJustice Handy
This is a motion to quash a writ of fieri facias, because it commands the sheriff to levy the costs of the goods and chattels of the administrator, and the question which is submitted for our determination is this: — In an action brought by an executor or administrator, in which judgment is rendered for the defendant, or in a case in this court against an executor or administrator where the adverse party is entitled to costs, is it proper that a judgment should be rendered against the executor or administrator de bonis propriis ?
*330If this question were free from expressions of opinion…
2Cases cited1 opinion
- Hamberlin v. TerryMississippi Chancery Courts · 1843
3Cited by2 opinions
- Meyer v. O'RourkeCalifornia Supreme Court · 1907
- Campbell v. DoyleMississippi Supreme Court · 1879