Bank of Augusta v. Conrey
Mississippi Supreme Court
In error from the circuit court of Harrison county; Hon. Wiley P. Harris, judge. The facts of the case are contained in the opinion of the court. The objection of the failure of the magistrate to return the bond into court, cannot prevail. The plaintiff cannot be held responsible for his neglect. Moreover, the motion comes too late ; the bond was filed before the motion was made.
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In error from the circuit court of Harrison county; Hon. Wiley P. Harris, judge. The facts of the case are contained in the opinion of the court. The objection of the failure of the magistrate to return the bond into court, cannot prevail. The plaintiff cannot be held responsible for his neglect. Moreover, the motion comes too late ; the bond was filed before the motion was made. As to the objection based upon the execution of the bond by Mathewson, as agent of the bank, it cannot prevail. The bank was in court prosecuting the suit, had filed a declaration upon the attachment, and thus…
1Opinion of the CourtChief Justice Smith
The President, Directors, and Company of the Bank of Augusta, sued out an attachment against the estate of Peter Con-rey, jr., as a non-resident debtor, returnable to the September term, 1851, of the circuit court of Harrison county. At the March term, 1852, a motion was made to quash the attachment. The grounds relied on in support of this motion, were in effect: 1. That no legal and sufficient bond was executed by the plaintiffs before the attachment was issued; and 2. That no bond and affidavit were returned and filed in court, at the return term of the attachment. The attachment was duly…
2Cases cited1 opinion
- Dove v. MartinMississippi Supreme Court · 1852
3Cited by7 opinions
- City of Trenton v. Fowler-Thorne Co.New Jersey Superior Court Appellate Division · 1959
- Gaffney v. MegrathWashington Supreme Court · 1900
- State ex rel. Lawrence County v. FortinberryMississippi Supreme Court · 1877
- McGrath Corp. v. Vera Cruz Cia. Naviera, S.A.Mississippi Supreme Court · 1971
- W. B. Moses & Sons v. HayesCourt of Appeals for the D.C. Circuit · 1911
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