Williams v. Gage
Mississippi Supreme Court
Error to the circuit court of Claiborne county. Hon. Abel AldersoN, Judge. • The opinion of the court contains a sufficient statement of the case. 1. The notice published for the defendant, Gilmore, was insufficent. Code of 1857, p. 878, art. 9; Moon v. Williams, 44 Miss., 64. The legality of the notice must appear affirmatively of record.
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Error to the circuit court of Claiborne county. Hon. Abel AldersoN, Judge. • The opinion of the court contains a sufficient statement of the case. 1. The notice published for the defendant, Gilmore, was insufficent. Code of 1857, p. 878, art. 9; Moon v. Williams, 44 Miss., 64. The legality of the notice must appear affirmatively of record. Gwin v. McOarroll, 1 S. & M., 36&: 9 ib., 613; Harris v. Ranson, 24 Miss., 506; Steen v. Steen, 25 Miss., 431; Magoffin v. Mandaville, 28 Miss., 360 ; Merritt v. White, 37 Miss., 439; Foster v. Simmons, 40 Miss., 586; Acts of 1862, ch. 237.' . 2.…
1Opinion of the CourtSimball, J.
The answer of the garnishee, Williams, denies indebtedness to Gilman, defendant in attachment.'
Gage, the plaintiff in attachment, filed a special traverse, averring that Williams became the surety of Gilman & Crow, partners in trade, in a replevin bond, for 12 bales of cotton, levied upon by Yolney E. Stamps, for rent; that in order to secure and indemnify Williams, Gilman & Crow placed the cotton in Williams’ possession. That the replevin suit was determined in favor of Gilman & Crow, and that Williams had sustained no damage. That Gage had sold the cotton for $1,500, and had the money in…
2Cases cited4 opinions
- Church v. KnoxSupreme Court of Connecticut · 1818
- Hassie v. God is with Us CongregationCalifornia Supreme Court · 1868
- Faler v. JordanMississippi Supreme Court · 1870
- Harrell v. WhitmanSupreme Court of Alabama · 1851
3Cited by8 opinions
- Fewell v. American Surety Co.Mississippi Supreme Court · 1902
- Liverpool, Brazil & River Platte Navigation Co. v. Agar & LelongU.S. Circuit Court for the District of Eastern Louisiana · 1882
- Power Grocery Co. v. HintonCourt of Appeals of Kentucky · 1920
- Cupit v. BrooksMississippi Supreme Court · 1959
- Brumback v. WeinsteinMissouri Court of Appeals · 1889
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