Legal Opinion

Spann v. Grant

Mississippi Supreme Court

Decided October 15, 1903PublishedCited by 2 opinions

Erom: the circuit court of Lauderdale county. Hour. GuioN Q. Hall, Judge. Grant, appellee, was plaintiff, and Spann and others, were defendants in the court below. Erom a judgment in plaintiffs’ favor against Major Spann and his wife, T. M. Spann, two of defendants, they appealed to the supreme court. The facts are. stated in the opinion of the court.

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Erom: the circuit court of Lauderdale county. Hour. GuioN Q. Hall, Judge. Grant, appellee, was plaintiff, and Spann and others, were defendants in the court below. Erom a judgment in plaintiffs’ favor against Major Spann and his wife, T. M. Spann, two of defendants, they appealed to the supreme court. The facts are. stated in the opinion of the court. There cannot be any difference of opinion abont the conclusion that tbe jury were bound to reach — that is, that if Oliver was not liable the Spanns were, so that the case was practically settled by the court’s giving a peremptory instruction to…

1Opinion of the Court

Whittteld, O. J\,

delivered the opinion of the court.

This is an action by M. B. Grant against Major Spann, T. M. Spann, and Albert Oliver, jointly. The declaration in this case contains two counts. In the first count, the plaintiff sought to charge defendants, jointly, for the value of the lumber alleged to have been sold and delivered to them at their request. The second count contains two parts. In the first part, plaintiff seeks to enforce a mechanic’s lien for the lumber. In the second part of the second count, the plaintiff seeks to bind the amount alleged to be still in the hands of the…

2Cases cited1 opinion

  1. Kimbrough v. Ragsdale & Co.Mississippi Supreme Court · 1892

3Cited by2 opinions

  1. Louisiana Oil Corp. v. BryanMississippi Supreme Court · 1933
  2. Beaudette v. CavedonSupreme Court of Rhode Island · 1929

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