Cotton v. Harlan
Mississippi Supreme Court
Appeal from circuit court of Pike county. Hon. D. M. Miller, Judge. Trover by E. E. Harlan against W. E. Cotton. Judgment for plaintiff, and defendant appeals. The only ground on which the court allowed this case to go to the jury was on the ground that Miss Lula Quin had made no affidavit that Cotten was a nonresident, and if her testimony had been allowed to stand, would have created a doubt at least in the minds of the jury, sufficient to make her attachment good.
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Appeal from circuit court of Pike county. Hon. D. M. Miller, Judge. Trover by E. E. Harlan against W. E. Cotton. Judgment for plaintiff, and defendant appeals. The only ground on which the court allowed this case to go to the jury was on the ground that Miss Lula Quin had made no affidavit that Cotten was a nonresident, and if her testimony had been allowed to stand, would have created a doubt at least in the minds of the jury, sufficient to make her attachment good. Quarrles v. Hiern, 14 So. 23, is decisive on this point and Judge Cooper held in that case as follows: “While one against whom…
1Opinion of the CourtSmith, C. J.
This is an action in trover, begun by the appellee to recover of the appellant the Aralue of an automobile, alleged to have been the property of the appellee and to have been converted by the appellant to his own use. The appellee purchased an automobile at a sale under a judgment in attachment against the appellee rendered in the court of a justice of the peace. One of the grounds of the attachment, as appears from the affidavit by which the proceeding Avas begun, was that the defendant therein was “a nonresident of this state.” The judgment recites that publication was made for the…
2Cases cited13 opinions
- Hardy v. BeatyTexas Supreme Court · 1892
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