Ball v. Sledge
Mississippi Supreme Court
Erom tbe circuit court of Bolivar county. Hon. A. McC. Kimbrough, Judge. Ball and others, appellants, doing business under the name of Ball, Brown & Co., were plaintiffs in the court below; Sledge, appellee, was defendant there.
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Erom tbe circuit court of Bolivar county. Hon. A. McC. Kimbrough, Judge. Ball and others, appellants, doing business under the name of Ball, Brown & Co., were plaintiffs in the court below; Sledge, appellee, was defendant there. Sledge, appellee, rented lands in this state from one Williamson for the year 1900. He afterwards gave a deed of trust to Ball and others, appellants, on his crop, some live stock and his farming implements, to secure advances made by them to him for that year. Ball and others, appellants, were merchants doing business in Memphis, Tenn. Appellants had actual notice of…
1Opinion of the CourtTruly, J.
The first instruction given for appellee told the jury that, if they believed from the evidence that the value of the property involved exceeded $200 at the date of the institution of the suit, they should find for the defendant. This was fatal error. Section 3707, Code 1892, stating how the action of replevin shall be commenced, wrought a radical change in section 2613, the corresponding section of the Code of 1880. This amendment and enlargement was intended to provide an easy plan by which the rights of parties litigant might be speedily and finally determined. The rigidity of the…
2Cases cited3 opinions
- Fenn v. HarringtonMississippi Supreme Court · 1877
- Biddle v. PaineMississippi Supreme Court · 1896
- Millsaps v. TateMississippi Supreme Court · 1897
3Cited by11 opinions
- Johnson v. TaborMississippi Supreme Court · 1911
- McCaskill v. LittleMississippi Supreme Court · 1952
- Peets & Norman Co. v. BakerMississippi Supreme Court · 1909
- Cavins v. Planters Bank & Trust Co.Court of Appeals for the Fifth Circuit · 1951
- Ezell v. HeltonMississippi Supreme Court · 1970
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