Carrollton Hardware & Implement Co. v. Marshall
Mississippi Supreme Court
Appeal from the circuit court of Carroll county. Hon. Ií. H. Rod gees, Judge. Suit by tbe Carrollton Hardware & Implement Company against B. F. Marshall and another. The circuit court, on appeal, affirmed an order of a justice of the peace for defendants quashing an execution and garnishment and plaintiff appeals. The facts are fully stated in the opinion .of the court.
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Appeal from the circuit court of Carroll county. Hon. Ií. H. Rod gees, Judge. Suit by tbe Carrollton Hardware & Implement Company against B. F. Marshall and another. The circuit court, on appeal, affirmed an order of a justice of the peace for defendants quashing an execution and garnishment and plaintiff appeals. The facts are fully stated in the opinion .of the court. Passing directly to counsel’s argument, page 5, planted like their statement of the facts upon the assumption that a partnership was beyond question, they proceed upon a false premise to reach an erroneous ■conclusion. Counsel…
1Opinion of the CourtEthridge, J.
The Carrollton Hardware & Implement Company, a corporation, filed a suit in justice of the peace court in Carroll county against B. F. and T. E. Marshall. A judgment by default was entered, and some years after the entry of this judgment B. F. & F. L. Marshall took a contract with Carroll county to build a bridge and bought bridge material from a nonresident concern, the Bank of Carrollton guaranteeing payment for the material and taking security, including the bridge material and the contract of the county with B. F. & F. L. Marshall, and on this guaranty of the bank the material was shipped…
2Cases cited4 opinions
- French v. State ex rel. FeldingMississippi Supreme Court · 1876
- Hughston v. CornishMississippi Supreme Court · 1882
- Comenitz v. Bank of CommerceMississippi Supreme Court · 1904
- Rice v. TroupMississippi Supreme Court · 1884
3Cited by4 opinions
- Bank of Philadelphia v. PoseyMississippi Supreme Court · 1922
- Boutwell v. GraysonMississippi Supreme Court · 1918
- Bank of Philadelphia v. PoseyMississippi Supreme Court · 1922
- Bank of Philadelphia v. PoseyMississippi Supreme Court · 1922