Stephenson v. Sloan
Mississippi Supreme Court
Appeal from the Circuit Court of Union County. Hon. W. S. Featherston, Judge. J. H. Stephenson sued out an attachment against T. B. Sloan. One of the grounds for the attachment was, as alleged, that defendant “ has removed or is about to remove himself or his property out of this state. ” The grounds for the attachment were traversed.
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Appeal from the Circuit Court of Union County. Hon. W. S. Featherston, Judge. J. H. Stephenson sued out an attachment against T. B. Sloan. One of the grounds for the attachment was, as alleged, that defendant “ has removed or is about to remove himself or his property out of this state. ” The grounds for the attachment were traversed. The evidence on the trial of the issue in abatement, touching the ground of attachment above quoted, tended to show that Sloan raised certain cotton of the “ Allen ” variety; that such cotton could not be sold at an advantage in his usual market town and that it…
1Opinion of the CourtArnold, J.
For a debtor to remove, or be about to remove himself or his property out of this state, is ground for attachment against him. Code Sec. 2415.
Under this statute a debtor who removes his property, or a part thereof, from the state, for the purpose of converting it into money, not having, or leaving sufficient property in the state subject to execution to pay his creditors, is liable to attachment, whether his intent in doing so is fraudulent or not. Such is the construction placed on similar statutes in other states, as well as in this state. Drake on Attachments, Secs. 70, 71. Waples on…
2Cases cited2 opinions
- Haber v. NassittsSupreme Court of Florida · 1868
- Pickard v. SamuelsMississippi Supreme Court · 1887
3Cited by2 opinions
- Crow v. Lemon & Gale Co.Mississippi Supreme Court · 1892
- Lowenstein v. J. T. Bew & Co.Mississippi Supreme Court · 1890