Oppenheimer v. Telhiard
Mississippi Supreme Court
Appeal from circuit court of Hancock county. Hon. D. M. Graham, Judge. Replevin by Mrs. Nannie Telhiard against Mrs. Jos. Oppenheimer, brought before a justice of the peace. A judgment by default was rendered and on trial de novo in the circuit court plaintiff recovered judgment, and defendant appeals.
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Appeal from circuit court of Hancock county. Hon. D. M. Graham, Judge. Replevin by Mrs. Nannie Telhiard against Mrs. Jos. Oppenheimer, brought before a justice of the peace. A judgment by default was rendered and on trial de novo in the circuit court plaintiff recovered judgment, and defendant appeals. Is a conditional sale recognized by the law of Louisiana, in which state the contract of sale involved in the case at bar was executed? A conditional sale of a chattel, as known to the jurisprudence of Mississippi, is not recognized by the supreme court of Louisiana. An executory contract of…
1Opinion of the CourtStevens, J.
This action is one of replevin instituted by appellee. M'rs. Telhiard, in a justice of the peace court of Hancock county, to recover from appellant possession of certain articles of furniture, which the officer executing the writ values in the total sum of seventy-five dollars. The defendant executed a forthcoming bond in the sum of one hundred and fifty dollars and retained possession. The defendant suffered judgment by default to be rendered in the justice of the peace court, but while the cause was pending in said court appellee, as plaintiff, had taken the deposition of one H. J. Nolan, a…
2Cases cited1 opinion
- Barber Asphalt Paving Co. v. St. Louis Cypress Co.Supreme Court of Louisiana · 1908
3Cited by3 opinions
- Davies-Overland Co. v. BlenkironCalifornia Court of Appeal · 1925
- In re Detroit Macaroni Co.District Court, E.D. Michigan · 1942
- Griffin Et Ux v. BrinsonMississippi Supreme Court · 1960