Hatto v. Brooks
Mississippi Supreme Court
In error from the Circuit Court of Rankin county. Hon. John E. McNair, judge. This was an action of replevin, instituted by J. M. Brooks, administrator of C. J. Carraway, against William H. Hatto and wife, in the Circuit Court of Rankin county, for the recovery of five slaves, to the possession of which he alleged, in his affidavit, he was entitled as administrator as aforesaid.
Read the full summary
In error from the Circuit Court of Rankin county. Hon. John E. McNair, judge. This was an action of replevin, instituted by J. M. Brooks, administrator of C. J. Carraway, against William H. Hatto and wife, in the Circuit Court of Rankin county, for the recovery of five slaves, to the possession of which he alleged, in his affidavit, he was entitled as administrator as aforesaid. Suit was instituted at the November Term, A. D. 1854, and process served upon the defendants; but no declaration was filed at that term. The court not having been holden at the regular term, a special term was held in…
1Opinion of the Court · FisherFisher, J.
This was an action of replevin, brought by the plaintiffs below, to the November Term, 1854, of the Circuit Court of Rankin county.
It appears that no declaration was filed at the return term of the writ, but that the declaration was filed at the February Special Term, 1855, when the plaintiff took his judgment by default; and it is now 'insisted as error, that the plaintiff having failed to file his declaration at the regular term of the court, he could not file it and take his judgment by default at the special term. In order to authorize a judgment by default at the special term of the…
Also in this document: Opinion of the Court · Fisher.
2Cited by4 opinions
- Eady v. StateMississippi Supreme Court · 1929
- Powell v. Nevada, California & Oregon RailwayNevada Supreme Court · 1905
- Williams Bros. v. Bank of Blue MountainMississippi Supreme Court · 1923
- Gortney v. City of New AlbanyMississippi Supreme Court · 1935