Legal Opinion

Carter v. Graves

Mississippi Supreme Court

Decided December 15, 1841PublishedCited by 2 opinions

APPEAL from the circuit court of the county of Hinds. Armstead Carter, the plaintiff below, instituted a suit against John M. Graves, to the May term, 1837, of the circuit court of Hinds county, as the assignee of one Thomas Sims, on a note for $8,000, dated 6th June, 1837, and due seven months after date.

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APPEAL from the circuit court of the county of Hinds. Armstead Carter, the plaintiff below, instituted a suit against John M. Graves, to the May term, 1837, of the circuit court of Hinds county, as the assignee of one Thomas Sims, on a note for $8,000, dated 6th June, 1837, and due seven months after date. On the 28th day of November, 1838, Carter recovered judgment against said Graves, on said note, for $9,213. Previous to this, one Thomas Jones and the said John M. Graves, who were partners, in planting, had filed their bill in chancery, among other things to enjoin the said Carter from…

1Opinion of the CourtChief Justice Sharkey

On the 28th of November, 1838, the appellant recovered a judgment against John M. Graves for the sum of $9,213, and sued out a fieri facias thereon, which was levied on eleven negroes found in the possession of the appellee, who claimed them as his property, and gave bond to try the right according to the statute. An issue was tendered by the plaintiff in execution, on which issue was joined, and a verdict found for the appellee. The questions for determination are presented by a bill of exceptions taken by the appellant, on the overruling a motion for a new trial.

It becomes material, in the…

2Cases cited1 opinion

  1. Russel v. Union Ins. Co.U.S. Circuit Court for the District of Pennsylvania · 1806

3Cited by2 opinions

  1. Lyell v. SanbournMichigan Supreme Court · 1851
  2. Green v. StateMississippi Supreme Court · 1879

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