Smith v. Lacey
Mississippi Supreme Court
Erom the circuit court of, first district, Hinds county. Hon. Bobert Powell, Judge. Smith and another, the appellants and cross-appellees, were plaintiffs, and Lacey, the appellee and cross-appellant, was defendant in the court below. The other appellees were the sureties on Lacey’s bond for the forthcoming of property levied upon under an attachment writ. From the judgment rendered in the circuit court both parties appealed to the supreme court.
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Erom the circuit court of, first district, Hinds county. Hon. Bobert Powell, Judge. Smith and another, the appellants and cross-appellees, were plaintiffs, and Lacey, the appellee and cross-appellant, was defendant in the court below. The other appellees were the sureties on Lacey’s bond for the forthcoming of property levied upon under an attachment writ. From the judgment rendered in the circuit court both parties appealed to the supreme court. On May 8, 1901, a writ of attachment at the suit of plaintiffs against defendant, Lacey, was levied on some personal property by the sheriff. The…
1Opinion of the Court
Whitfield, O. J.,
delivered the opinion of the court.
The case of Goyer Company v. Jones, 79 Miss., 253 (30 South. Rep., 651), has no application here. That was a case of an appeal bond, and, of course, stood upon an entirely different principle from that occupied by -the sureties in a forthcoming bond for attached property. The case is controlled in all its aspects by Hill v. Harding, 9 Sup. Ct., 725 (32 L. ed., 1083). The court say: “The question not then passed upon, and now presented, is whether, since he has obtained his discharge in bankruptcy, there is anything in the provisions of the…
2Cases cited4 opinions
- Goyer Co. v. JonesMississippi Supreme Court · 1901
- Hill v. HardingIllinois Supreme Court · 1886
- Barnstable Savings Bank v. HigginsMassachusetts Supreme Judicial Court · 1878
- In re AlbrechtDistrict Court, E.D. Michigan · 1877
3Cited by6 opinions
- Alvaton Mercantile Co. v. CaldwellSupreme Court of Georgia · 1923
- Guaranty Security Corp. v. OppenheimerMassachusetts Supreme Judicial Court · 1923
- Tormey v. MillerCalifornia Court of Appeal · 1916
- Leon v. J. M. Radford Grocery Co.Court of Appeals of Texas · 1924
- Freeman v. BosworthMississippi Supreme Court · 1912
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