Carberry v. Worrell ex rel. Burns
Mississippi Supreme Court
FROM the circuit court of Warren, county. HoN. J. D. Gilí,AND, Judge. On the trial of this case it was shown that after the sale of the stock of goods by the Vicksburg Liquor & Tobacco Co. to Miss Burns, it was replenished in her name, and privilege license was also taken out in her name, but there was no sign posted at the place of business until about the time of the levy. There was testimony tending to show that the goods were sold by the sheriff at a sacrifice.
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FROM the circuit court of Warren, county. HoN. J. D. Gilí,AND, Judge. On the trial of this case it was shown that after the sale of the stock of goods by the Vicksburg Liquor & Tobacco Co. to Miss Burns, it was replenished in her name, and privilege license was also taken out in her name, but there was no sign posted at the place of business until about the time of the levy. There was testimony tending to show that the goods were sold by the sheriff at a sacrifice. They brought $215.20. The value of the stock, as stated in the inventory introduced by plaintiff, was $1423.10. The verdict fixed…
1Opinion of the Court
Cooper, J.,
delivered tbe opinion of the court.
The defendants, Carberry & Casey, caused an execution, issued upon a judgment recovered by them against one O’Shea, to be levied upon a stock of goods claimed by Miss Burns, the usee in his suit, and the same was sold. A doubt having arisen as to the ownership of the goods, the sheriff demanded and received a bond of indemnity under the statute, and it is upon this bond that this suit is brought.
The business in which the stock of goods seized was used, unquestionably at one time belonged to O’Shea, but, before the rendition of the judgment of…
2Cases cited1 opinion
- Lamar v. WilliamsMississippi Supreme Court · 1860
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