Legal Opinion

Pate v. Taylor

Mississippi Supreme Court

Decided October 15, 1888PublishedCited by 3 opinions

From the chancery court of the second district of Panola county. Hon. J. G. Hall, Chancellor. The appellee, C. E. Taylor, was administrator of an estate in Panola county. At a sale made by him as such administrator, J. B. Pate & Co., merchants, doing business at Water Valley, Yalobusha county, bought certain personal property, amounting in value to two hundred and eighteen dollars and twenty-five cents.

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From the chancery court of the second district of Panola county. Hon. J. G. Hall, Chancellor. The appellee, C. E. Taylor, was administrator of an estate in Panola county. At a sale made by him as such administrator, J. B. Pate & Co., merchants, doing business at Water Valley, Yalobusha county, bought certain personal property, amounting in value to two hundred and eighteen dollars and twenty-five cents. The sale was made some distancefrom the railroad, and the property was delivered to the purchasers on their agreeing to deposit the purchase-money in the bank at Water Valley to the credit of…

1Opinion of the CourtArnold, C. J.

' The suit was commenced in the second^ district of the chancery court of Panola county, !but it is not alleged or shown that either of the defendants resided or were found in that county. It is alleged in the petition that each of the defendants was doing business in Yalobusha county, and it appears from the record that both of them were found and summoned in the latter county. In this state of facts, the court below was without jurisdiction. To maintain such suit it was necessary that the defendants or one of them *99should have resided or been found in the county where the suit was brought.…

2Cases cited2 opinions

  1. Hunt v. PotterMississippi Supreme Court · 1880
  2. Wolley v. BowieMississippi Supreme Court · 1867

3Cited by3 opinions

  1. Bryant v. LovittMississippi Supreme Court · 1957
  2. Cook v. PittsMississippi Supreme Court · 1917
  3. State ex rel. McClurg v. Mississippi Cotton Oil Co.Mississippi Supreme Court · 1901

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