Gladdis v. Clegg
Mississippi Supreme Court
Appeal from the chancery court of Jones county. Hon. G. C. Tann, Chancellor. Action between B. C. Gladdis and W. F. Clegg. From a decree for Clegg, Gladdis appeals. The facts are fully stated in the opinion of the court.
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Appeal from the chancery court of Jones county. Hon. G. C. Tann, Chancellor. Action between B. C. Gladdis and W. F. Clegg. From a decree for Clegg, Gladdis appeals. The facts are fully stated in the opinion of the court. Section 565, Code of 1906, provides, among other things: “That if a forthcoming bond be given, it shall be returned with the writ and filed in the cause, and in ease the property shall not be delivered or forthcoming, to abide the decree, shall have the force and effect of a judgment,” and “execution may issue thereon against all of the obligors for the amount of the decree,…
1Opinion of the Court
Stevens,- J.,
delivered the opinion of the court.
It is conceded by counsel that the only question to be determined on this appeal is whether the sureties on a sequestration bond executed under section 565, Code of 1906 (section 325, Hemingway’s Code), are liable for the value of a certain mule, which was bonded by the defendant in this ease and which died before the final decree was rendered, without any fault of either of the parties. It was ruled in George v. Hewlett, 70 Miss. 1, 12 So. 855, 35 Am. St. Rep. 626, that in an action of replevin for property wrongfully taken or withheld, the…
2Cases cited4 opinions
- George v. HewlettMississippi Supreme Court · 1892
- Atkinson v. FoxworthMississippi Supreme Court · 1876
- Young v. Pickens & GreenMississippi Supreme Court · 1871
- Coleman v. Mississippi & Alabama Rail RoadMississippi Supreme Court · 1841