Fleming v. Bailey
Mississippi Supreme Court
Error to tbe circuit court of Adams county. Smiley, J, The plaintiffs in error assign tbe following errors: 1st. Tbe court erred in overruling the motion for a new trial. 2d. The court erred in rendering judgment for the damages assessed by the jury, because the same were excessive,, and could not lawfully be allowed under the pleadings in the case.
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Error to tbe circuit court of Adams county. Smiley, J, The plaintiffs in error assign tbe following errors: 1st. Tbe court erred in overruling the motion for a new trial. 2d. The court erred in rendering judgment for the damages assessed by the jury, because the same were excessive,, and could not lawfully be allowed under the pleadings in the case. This is a case of attachment in which the plaintiffs in error made oath that the defendant was indebted to them in the sum of $176 57, and that she was about to convert her property into money, and place it out of creditors, etc. Defendant pleaded…
1Opinion of the Court
SlMRALL, J. :
The judgment of the circuit court of Adams county was affirmed by the high court of errors and appeals at June *135term, 1867. That judgment of affirmance was subsequently set aside and vacated, on the suggestion that the defendant in error, M. S. Bailey, Ayas deceased at the date of its rendition. It is now submitted to us, having been revived against the administrator. No written opinion was delivered by our predecessors, and we are, therefore, without the benefit of their reasoning. Fleming & Baldwin caused an attachment to be levied on several bales of cotton as the property of…
2Cases cited2 opinions
- Ripley v. . the &198tna Ins. Co.New York Court of Appeals · 1864
- Edwards v. EdwardsIllinois Supreme Court · 1863
3Cited by5 opinions
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- Stone v. Hunter Tract Improvement Co.Washington Supreme Court · 1912
- Blaul v. W. M. Tharp & Co.Supreme Court of Iowa · 1891
- Smith v. WellsMississippi Supreme Court · 1871