Crisler v. Whadley
Mississippi Supreme Court
Appeal from the circuit court of Yazoo county. Hon. W. A. Henry, Judge. Suit by W. T. Whadley, trustee, in replevin against. J. B. Crisler. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The appellee is merely a nominal plaintiff, and the court does not regard him at ail, but regards the real beneficiary in the suit, which is the Picket,t-Fr an Id i n Co. One nominal plaintiff may be substituted for another.
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Appeal from the circuit court of Yazoo county. Hon. W. A. Henry, Judge. Suit by W. T. Whadley, trustee, in replevin against. J. B. Crisler. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The appellee is merely a nominal plaintiff, and the court does not regard him at ail, but regards the real beneficiary in the suit, which is the Picket,t-Fr an Id i n Co. One nominal plaintiff may be substituted for another. See Denton v. Stephens, 32 Miss. 194. The death of a nominal plaintiff does not abate action. Sec. 725, Code, 1906. An amendment…
1Opinion of the CourtReed, J.
This case is about a mule named Alice. She was owned by Jim Cage, who included her in a deed of trust executed by him and his wife to secure an indebtedness owing to E. M. Pickett. Mr. Pickett assigned the deed of trust to Pickett-Pranklin Company, a mercantile corporation, his successor in business. Cage was doing business with the Pickett-Pranklin Company, who held the deed of trust, which covered not only the live stock but also his crops for the year 1909. Cage abandoned his crops and the mule Alice, and removed from the premises he was occupying and cultivating. The PickettPranklin…
2Cases cited1 opinion
- Tobin v. Thomas H. Allen & Co.Mississippi Supreme Court · 1876