Dunn v. Hart
Mississippi Supreme Court
.Appeal from the circuit court of Hinds county. Hon. W. H. Potter, Judge. Attachment for rent by H. B. Dunn against one McKeener, in which J. & B. Hart filed a claimant issue. Prom a judgment for claimant, plaintiff appeals. - The facts are fully stated in the opinion of the court. Appellant’s theory of this case is that the sole and only issne in the lower court was as to the ownership of the property.
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.Appeal from the circuit court of Hinds county. Hon. W. H. Potter, Judge. Attachment for rent by H. B. Dunn against one McKeener, in which J. & B. Hart filed a claimant issue. Prom a judgment for claimant, plaintiff appeals. - The facts are fully stated in the opinion of the court. Appellant’s theory of this case is that the sole and only issne in the lower court was as to the ownership of the property. As a matter of fact the trial court lost sight of the paramount issue to the jury. It is the further contention of the appellant that the burden of proof in this case was upon the claimants,…
1Opinion of the CourtSmith, C. J.
The appellant sued out an attachment for rent to recover the sum -of one hundred and sixteen dollars, alleged to be ’ due him by his tenant, McKeever, and the *148writ was levied upon, two-bales of cotton in the possession of a compress company. The appellees, claiming to be the owners of the cotton, filed an affidavit to that effect under the provisions of section 2868, Code of 1906 (section. 2366, 1 Hemingway’s Code), and the case was heard thereon by a justice of the peace, and in due course, came to and was tried in the court below, resulting therein in a verdict and judgment for the…
2Cases cited2 opinions
- Wright v. CraigMississippi Supreme Court · 1908
- Lavigne v. RussMississippi Supreme Court · 1858