Brooks Oil Co. v. Weatherford
Mississippi Supreme Court
Erom the chancery court of Newton county. Hon. James L. McCaskill, Chancellor. Weatherford, appellee, was complainant in the court below; the oil company, appellant, was defendant there. From a decree in complainant’s favor the defendant appealed to the supreme court. The facts are stated in the opinion of the court.
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Erom the chancery court of Newton county. Hon. James L. McCaskill, Chancellor. Weatherford, appellee, was complainant in the court below; the oil company, appellant, was defendant there. From a decree in complainant’s favor the defendant appealed to the supreme court. The facts are stated in the opinion of the court. It clearly appears from the record in this case that the judgment in favor of the Brooks Oil Company against Weather-ford had not been paid and therefore the court erred in retaining the injunction issued restraining the present sheriff, Adams, from proceeding to make the money…
1Opinion of the CourtCalhoon, J.
The Brooks Oil Company obtained a judgment against Weatherford in July, 1904. Afterwards, but before any writ of execution had issued, the then sheriff told him to* pay the money to him, and thereby avoid the costs of the issuance of the writ of execution. Accordingly the sheriff was paid the money by Weatherford, and subsequently the costs of the case were caused to be paid to the circuit clerk. The sheriff had told the clerk of this payment to him, and not to issue execution. The sheriff did not pay the amount of the judgment, or any of it, to the plaintiffs in the action, the appellants…
2Cases cited1 opinion
- Crane v. BedwellMississippi Supreme Court · 1853
3Cited by1 opinion
- United States Fidelity & Guaranty Co. v. Yazoo CityMississippi Supreme Court · 1917