Eldridge, Dunham & Co. v. Phillipson
Mississippi Supreme Court
Error to the Circuit Court of Chickasaw Couuty. Hon. J. A. Green, Judge. The case is sufficiently stated in the opinion of the court. In the case of Barney v. Scherling, 40 Miss. 320, the court has extensively considered the very point involved in this case, and has said that “ the question is not. whether the jilaintiff had probable cause for suing out the attachment, but whether it was in fact wrongfully sued out.”
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Error to the Circuit Court of Chickasaw Couuty. Hon. J. A. Green, Judge. The case is sufficiently stated in the opinion of the court. In the case of Barney v. Scherling, 40 Miss. 320, the court has extensively considered the very point involved in this case, and has said that “ the question is not. whether the jilaintiff had probable cause for suing out the attachment, but whether it was in fact wrongfully sued out.” Again, in the case of Kuykendall v. Cocke, 41 Miss. 65, the court further consider the exact issue made by the traverse in this case, and say: “ It is not whether the facts…
1Opinion of the CourtGeorge, J.
The plaintiffs in error sued out an attachment against the defendant upon the ground that the latter had disposed of his property, or some part of it, “with intent to give an unfair preference to some of his creditors,” and the principal question presented for our consideration is as to the true construction of that portion of sect. 1420 of the Code of 1871 which authorizes an attachment when the creditor will make oath “that the debtor has assigned or disposed of, or is about to assign or dispose of, his property or rights in action, or some part thereof, with intent to defraud his creditors…
2Cases cited5 opinions
- Buck v. PayneMississippi Supreme Court · 1876
- Kaufman v. WhitneyMississippi Supreme Court · 1874
- Savage v. DowdMississippi Supreme Court · 1877
- Surget v. BoydMississippi Supreme Court · 1879
- Mangum v. FinucaneMississippi Supreme Court · 1860
3Cited by6 opinions
- Fitzpatrick v. FlannaganSupreme Court of the United States · 1882
- Butler v. WilkinsonUtah Supreme Court · 1987
- Sargent v. BlakeCourt of Appeals for the Eighth Circuit · 1908
- Richardson v. MarquezeMississippi Supreme Court · 1881
- Pettit v. ParsonsUtah Supreme Court · 1893
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