Adams v. W. H. Johnson & Co.
Mississippi Supreme Court
From the circuit court of Claiborlie county. Hon. John D. Gilland, Judge. On January 1, 1895, appellant, Wirt Adams, state revenue agent, for the use of the state of Mississippi, the county of Claiborne and the town of Port Gibson, sued out an attachment in the court below against W. H. Johnson & Co. He demanded for the state, county and municipality, each, the sum of §500, and, proceeding under £ 1590, code 1892, averred as the sole ground for suing out the attachment that…
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From the circuit court of Claiborlie county. Hon. John D. Gilland, Judge. On January 1, 1895, appellant, Wirt Adams, state revenue agent, for the use of the state of Mississippi, the county of Claiborne and the town of Port Gibson, sued out an attachment in the court below against W. H. Johnson & Co. He demanded for the state, county and municipality, each, the sum of §500, and, proceeding under £ 1590, code 1892, averred as the sole ground for suing out the attachment that the defendants were, and had been since June 1, 1891, at their place of business in Port Gibson, Claiborne county,…
1Opinion of the CourtWhitfield, J.
We think it clear that a new ground of attachment — the ‘ ‘ selling or giving away by any person at his place of business, unlawfully, of liquors,’’ or the “ allowing ” this to be done — was created by $ 1590, code 1892, for the particular purposes of that section. The grounds<of attachment in chapter nine of the code are not applicable to the cause of action dealt with by said section. A consideration, historically, of our legislation on this subject puts it beyond doubt. See § 1109, Code 1880; Laws 1890, ch. 2, §2; Ib. ch. 8, §2; Code 1892, §§ 4191, 4255, 125, 1590, 1591, 93, 562; Laws…
2Cited by3 opinions
- State v. MarshallMississippi Supreme Court · 1911
- Adams v. SigmanMississippi Supreme Court · 1906
- Clark v. AdamsMississippi Supreme Court · 1902