Woolner & Lowenstein v. Spalding ex rel. Heard
Mississippi Supreme Court
Appeal from the Circuit Court of Clay County. Hon. W. M. Rogers, Judge. In December, 1886, A.H. Fox, a merchant, made an assignment of his stock of goods to one J. W. Heard. Thereupon Woolner & Lowenstein sued out an attachment against Fox and caused the same to be levied on this stock of goods, having first executed, on January 11,1887, to E. C. Spaulding, the sheriff, an indemnifying bond. The attachment suit was afterwards removed to the Federal Court at Aberdeen.
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Appeal from the Circuit Court of Clay County. Hon. W. M. Rogers, Judge. In December, 1886, A.H. Fox, a merchant, made an assignment of his stock of goods to one J. W. Heard. Thereupon Woolner & Lowenstein sued out an attachment against Fox and caused the same to be levied on this stock of goods, having first executed, on January 11,1887, to E. C. Spaulding, the sheriff, an indemnifying bond. The attachment suit was afterwards removed to the Federal Court at Aberdeen. The stock of goods was sold soon after seizure as perishable goods and brought $1,398.52. In March, 1887, and while the…
1Opinion of the CourtCooper, C. J.
The points principally pressed in argument by appellants are r
1. That where goods of a third person are seized under an attachment against another, the owner must interpose his claim thereto in the attachment suit, and can neither resort to an independent action of replevin, nor sue the sheriff as a trespasser, nor sue upon an indemnifying bond taken by him.
2. That if he may resort to any other remedy than the claimant’s issue, he must in any event await the termination of the attachment suit before he may sue.
*2103. That where an indemnifying bond is given to an officer levying an attachment, and…
2Cases cited4 opinions
- Leroux v. HudsonSupreme Court of the United States · 1883
- Shattuck v. MillerMississippi Supreme Court · 1874
- Swain v. AlcornMississippi Supreme Court · 1874
- Armistead v. BernardMississippi Supreme Court · 1884
3Cited by2 opinions
- Mounsey v. BowerIndiana Court of Appeals · 1922
- Murdock Acceptance Corp. v. SmithMississippi Supreme Court · 1955