French v. Sale
Mississippi Supreme Court
Appeal frem the Circuit Court of Mouroe County. Hou. J. A. Green, Judge. On the 18th of April, 1881, E. P. Sale sued out an attachment against Spratt & French, a firm composed of H. D. Spratt and A. H. French, for a debt of $2,200 due on the 14th of April, 1882. The writ-, was levied upon certain horses, mules, wagons, buggies, tents and other things, as the property of the defendants.
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Appeal frem the Circuit Court of Mouroe County. Hou. J. A. Green, Judge. On the 18th of April, 1881, E. P. Sale sued out an attachment against Spratt & French, a firm composed of H. D. Spratt and A. H. French, for a debt of $2,200 due on the 14th of April, 1882. The writ-, was levied upon certain horses, mules, wagons, buggies, tents and other things, as the property of the defendants. J. W. French filed an affidavit claiming the property levied upon,' and an issue to try the right to the property was joined between him and the plaintiff in attachment. The plaintiff, having recovered judgment…
1Opinion of the CourtCampbell, C. J.
The first question to be decided in this case is, whether in the trial of the issue between the plaintiff in the attachment and the claimant of property levied on, the judgment in favor of the plaintiff’ against the defendant in the attachment is a part of the record in the trial of the right of property, and, *528therefore, not to be read as evidence, or does it devolve on the plaintiff as a necessary part of his evidence to produce, .and read to the jurysuchjudgment. This precise question does not appear to have been decided by this court. The settled doctrine is that in the trial of such an…
2Cases cited5 opinions
- Dickman v. WilliamsMississippi Supreme Court · 1874
- Melius v. HoustonMississippi Supreme Court · 1866
- Meacham v. MooreMississippi Supreme Court · 1882
- Helm v. GrayMississippi Supreme Court · 1881
- Maury v. RobertsMississippi Supreme Court · 1854
3Cited by4 opinions
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- Graham Paper Co. v. CrowtherMissouri Court of Appeals · 1902
- Beeson-Moore Motor Co. v. CatlettMississippi Supreme Court · 1922