Roach v. Brannon
Mississippi Supreme Court
ERROR to the Circuit Court of Marshall County. Hon. J. W. C. Watson, Judge, did not preside in this case, but Hon. A. M. ClaytoN acted as judge pro hac vice. 1. If either of the grounds of attachment set out in the affidavit were true, or the plaintiffs had reasonable cause so to believe, the verdict for the defendant on the plea in abatement is erroneous.
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ERROR to the Circuit Court of Marshall County. Hon. J. W. C. Watson, Judge, did not preside in this case, but Hon. A. M. ClaytoN acted as judge pro hac vice. 1. If either of the grounds of attachment set out in the affidavit were true, or the plaintiffs had reasonable cause so to believe, the verdict for the defendant on the plea in abatement is erroneous. The surviving partner was violating his duty by trading with the firm assets and not applying them to the partnership debts. Story Part. §§ 328, 829, 331, 343; Mayson v. Beazley, 27 Miss. 106; Stewart v. Burhhalter, 28 Miss. 396; Bank of…
1Opinion of the CourtChalmers, J.
The plaintiffs in error, who were also plaintiffs in the court below, sued out this writ of attachment against the defendant, who was surviving partner of W. J. Marett & Co., in a retail liquor saloon in the town of Holly Springs. The affidavit for the writ was based upon the grounds that the defendant had property, or rights in action, which he was concealing, and refused to apply to the payment of his debts, and that he had assigned or disposed of, or was about to assign or dispose of, his property, or rights in action, or some part thereof, with *497intent to defraud bis creditors, or give an…
2Cases cited4 opinions
- Case v. BeauregardSupreme Court of the United States · 1879
- Schmidlapp & Bros. v. S. D. Currie & Co.Mississippi Supreme Court · 1878
- Cocke v. KuykendallMississippi Supreme Court · 1866
- Freeman v. StewartMississippi Supreme Court · 1866
3Cited by17 opinions
- Fitzpatrick v. FlannaganSupreme Court of the United States · 1882
- Sargent v. BlakeCourt of Appeals for the Eighth Circuit · 1908
- Hill v. DraperSupreme Court of Arkansas · 1891
- Marqueze v. SontheimerMississippi Supreme Court · 1882
- Warder v. BakerWisconsin Supreme Court · 1882
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