Legal Opinion

Turner v. Crane

Mississippi Supreme Court

Decided March 15, 1917PublishedCited by 3 opinions

Appeal from the circuit court of Scott county. Hon. J. D. Carr, Judge. Attachment hy W. A. Turner against J. J. Crane. Prom a judgment awarding defendant damages for the wrongful suing out of the attachment, plaintiff appeals. The facts are fully stated in the opinion of the court.

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Appeal from the circuit court of Scott county. Hon. J. D. Carr, Judge. Attachment hy W. A. Turner against J. J. Crane. Prom a judgment awarding defendant damages for the wrongful suing out of the attachment, plaintiff appeals. The facts are fully stated in the opinion of the court. A person is a non-resident of this state, within the meaning of the attachment law, if he be out of the state at the time suit is filed, and intend to remain out for an indefinite period, although he may intend to return at some uncertain future day. Oil Co. v. Allen, 83 Miss. 27. It has also been held more times…

1Opinion of the CourtSykes, J.

The appellant, "W. A. Turner, instituted an attachment suit against appellee, J. J. Crane, in a justice of the peace court of Scott county. From the judgment in that court.an appeal was prosecuted to the circuit court. In the circuit court a peremptory instruction was given the jury to return a verdict in favor of the defendant on the attachment issue and awarding a writ of inquiry to assess the damages sustained by the defendant because of the wrongful suing out of the attachment. The jury returned a verdict in favor of the defendant for eighty dollars actual damages and thirty-five dollars…

2Cited by3 opinions

  1. Frierson v. Delta Outdoor, Inc.Mississippi Supreme Court · 2001
  2. Hunt Oil Company v. BerryMississippi Supreme Court · 1956
  3. Ethel Frierson v. Delta Outdoor, Inc.Mississippi Supreme Court · 1999

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