Brown v. Clarke
Supreme Court of the United States
This was a writ of error to the District Court of the United Státes for the Northern District of Mississippi, to bring up for review certain instructions delivered to the jury in an action of trover, brought, by the. defendant in error against the plaintiff in error, and in which the plaintiff below obtained the verdict. The case was this.
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This was a writ of error to the District Court of the United Státes for the Northern District of Mississippi, to bring up for review certain instructions delivered to the jury in an action of trover, brought, by the. defendant in error against the plaintiff in error, and in which the plaintiff below obtained the verdict. The case was this. Brown, the defendant below, obtained a judgment of $ 8,640-37, by confession, against one Haywood Cozart, in the Circuit Court of Lafayette County, Mississippi, which was docketed on the 18th of May, 1840. Upon which execution was issued on the 6th, and…
1Opinion of the CourtJustice Nelson
By the law of the State of Mississippi, a judgment is a lien upon the personal as well as real property of the defendant, from the time of its rendition (Smith et al. v. Everly. et al., 4 How. 178 ; Commercial Bank of Manchester v. Coroner of Yazoo County, 6 How. 350); and if the first judgment obtained by Brown against Cozárt could be upheld against the objections taken to it, there is no doubt, according to the law of Mississippi, that the instructions, given by the Court belowtó the jury were erroneous.- That judgment was docketed on the ,18th of May, 1840, whereas Clarke’s was not…
2Cases cited4 opinions
- Walton v. United StatesSupreme Court of the United States · 1824
- Ex Parte Martha Bradstreet in the Matter of James Jackson Ex Dem. Martha Bradstreet v. Daniel ThomasSupreme Court of the United States · 1830
- Jourdan v. BarrettSupreme Court of the United States · 1846
- The United States v. DanielSupreme Court of the United States · 1821
3Cited by49 opinions
- Galloway v. United StatesSupreme Court of the United States · 1943
- Fairmount Glass Works v. Cub Fork Coal Co.Supreme Court of the United States · 1933
- Myers v. Comm'rUnited States Tax Court · 1946
- Wilson v. NelsonSupreme Court of the United States · 1901
- Miller v. Maryland Casualty Co.Court of Appeals for the Second Circuit · 1930
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