Crow v. Lemon & Gale Co.
Mississippi Supreme Court
From the circuit court of Tallahatchie county. Hon. H. W. Williamson, Judge. The case is stated in the opinion. I maintain that there is no evidence to sustain the granting of the peremptory instruction. The court gave it for the single reason that the defendant had shipped property out of the state. It is lawful for a debtor to ship his property out of the state to his creditors, to be sold and proceeds applied to the payment of debts.
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From the circuit court of Tallahatchie county. Hon. H. W. Williamson, Judge. The case is stated in the opinion. I maintain that there is no evidence to sustain the granting of the peremptory instruction. The court gave it for the single reason that the defendant had shipped property out of the state. It is lawful for a debtor to ship his property out of the state to his creditors, to be sold and proceeds applied to the payment of debts. None of the proceeds of the cotton was returned, or intended to be returned, to the debtor. He was applying the cotton to the payment of his debts. In…
1Opinion of the CourtCooper, J.
The appellees sued out an attachment against the estate of the appellant on these grounds :
1. That defendant had removed or was about to remove bis property out of this state.
2. That he had converted or was about to convert his property into money or evidences of' debt, with intent to place it beyond the reach of his creditors.
The defendant traversed the truth of the grounds of attachment, and, upon the trial of this issue, the court instructed the jury to find for the plaintiff. This action of the court is the error here assigned.
It is said by counsel that the peremptory instruction was…
2Cases cited2 opinions
- Stephenson v. SloanMississippi Supreme Court · 1888
- Lowenstein v. J. T. Bew & Co.Mississippi Supreme Court · 1890
3Cited by1 opinion
- Simmons Hardware Co. v. Fighting Flames Co.Missouri Court of Appeals · 1909