Horner v. Coffey
Mississippi Supreme Court
On appeal from, the southern district chancery court at Natchez; Hon. James M. Smiley, vice-chancellor. • The bill of complaint filed by the appellee in the court below avers, that the appellant’s intestate, Alexander H. Horner, on the 6th of April, 1849, recovered judgment against “the president and selectmen of the town of Grand Gulf” for $750., which was revived after the death of said Alexander, in the name of appellant, as his administratrix.
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On appeal from, the southern district chancery court at Natchez; Hon. James M. Smiley, vice-chancellor. • The bill of complaint filed by the appellee in the court below avers, that the appellant’s intestate, Alexander H. Horner, on the 6th of April, 1849, recovered judgment against “the president and selectmen of the town of Grand Gulf” for $750., which was revived after the death of said Alexander, in the name of appellant, as his administratrix. That appellant has sued out execution upon said judgment; and, proceeding upon the false assumption that the property of the individual…
1Opinion of the CourtJustice Fisher
This case is before us upon an appeal from a decree of the vice-chancery court at Natchez.
The only point presented by the record for adjudication is, whether the individual property of the appellee, one of the selectmen and an inhabitant of the town of Grand Gulf, is liable to levy for the purpose of satisfying a judgment against the president and selectmen of said town in their corporate capacity.
The seventh section of the act of the legislature, incorporating the town of Grand Gulf, says: “That the said president and selectmen are constituted a body politic and corporate in fact; and in the…
2Cited by3 opinions
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- Fabric Fire Hose Co. v. Mayor of VicksburgMississippi Supreme Court · 1918
- Miller v. McWilliamsSupreme Court of Alabama · 1872