Baker v. Kelly
Mississippi Supreme Court
Error to the Circuit Court of Hinds county. Hon. John Watts, judge. On the 30th of January, 1866, Kelly sued out an attachment against the estate of Baker, upon the ground that Baker was about to remove himself out of the State of Mississippi. The allegation was traversed under the statute, issue joined, and a verdict thereon in favor of Kelly.
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Error to the Circuit Court of Hinds county. Hon. John Watts, judge. On the 30th of January, 1866, Kelly sued out an attachment against the estate of Baker, upon the ground that Baker was about to remove himself out of the State of Mississippi. The allegation was traversed under the statute, issue joined, and a verdict thereon in favor of Kelly. Baker moved for a new trial, upon the grounds that the verdict was contrary to the law and evidence, error in excluding testimony, and in giving and refusing instructions. ■ The following testimony was introduced for Kelly: Hall — Heard Baker say,…
1Opinion of the CourtPeyton, J.
The defendant in error sued out an attachment against the plaintiff in error, on the ground that the plaintiff in error was about to remove himself out of this State, returnable to the Circuit Court of Hinds county for the Second District.
At the May term of said court, 1866, the defendant in the attachment filed a plea in abatement, traversing the truth of the. alleged cause for which said attachment was sued out, and upon issue joined thereon there was a trial and verdict for the plaintiff in attachment.
The defendant below moved to set aside said verdict, and for a new trial, on the…
2Cases cited4 opinions
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- Thompson v. StewartCourt of Appeals of Kentucky · 1824
3Cited by13 opinions
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- Roebke v. AndrewsWisconsin Supreme Court · 1870
- Owens v. Iowa CountySupreme Court of Iowa · 1918
- Harman & Crockett v. Maddy Bros.West Virginia Supreme Court · 1905
- Delsman v. FriedlanderOregon Supreme Court · 1901
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