Young v. Terry
Mississippi Supreme Court
Appeal from circuit court, Leflore county. Hon. S. F. Davis, Judge. Replevin suit by Mrs. I. N. Young against Robert Terry. Demurrer to declaration sustained, and plaintiff suggests error. This case started off wrong by the improper incorporation into a simple declaration in replevin the averment of matters by way of recital attempting not so much to show the title of the plaintiff as in explanation of ho’w the property got into the hands of the defendant.
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Appeal from circuit court, Leflore county. Hon. S. F. Davis, Judge. Replevin suit by Mrs. I. N. Young against Robert Terry. Demurrer to declaration sustained, and plaintiff suggests error. This case started off wrong by the improper incorporation into a simple declaration in replevin the averment of matters by way of recital attempting not so much to show the title of the plaintiff as in explanation of ho’w the property got into the hands of the defendant. That surplusage, led to the demurrer to the original declaration. The third ground assigned attacking the irrelevant matter dominated all…
1Opinion of the CourtSykes, P. J.
This is a replevin suit, instituted by the appellant as plaintiff in the circuit court. The original declaration alleged that the plaintiff was the owner of certain showcases and other personal property, which she sold to G. T. Young for the sum of five hundred dollars, retaining the title to this property as evidenced by a note; that the purchase price has not been paid; that during the year 1920, G. T. Young entered into and became a member of the mercantile company of Forbas & Co., doing a mercantile business in the town of Itta Bena, and that Forbas & Co. used this property in conducting…
2Cases cited4 opinions
- Paine v. Hall Safe & Lock Co.Mississippi Supreme Court · 1886
- P. E. Payne Hardware Co. v. International Harvester Co.Mississippi Supreme Court · 1916
- Gillaspy v. International Harvester Co. of AmericaMississippi Supreme Court · 1915
- Merchants' & Farmers' Bank v. SchaafMississippi Supreme Court · 1914
3Cited by6 opinions
- Crump v. HillCourt of Appeals for the Fifth Circuit · 1939
- Quarles v. HuchersonMississippi Supreme Court · 1925
- North v. Delta Chevrolet Co., Inc.Mississippi Supreme Court · 1940
- Slawson v. Chisesi & Co.Louisiana Court of Appeal · 1927
- Rush v. North American Van Lines, Inc.Mississippi Supreme Court · 1992
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