J. Weis & Co. v. Basket
Mississippi Supreme Court
From the circuit court of Leflore county. Hon. B. W. Williamson, Judge, being disqualified, by agreement W. T. Bush, Esq., a member of the bar, presided in the trial of this case. Weis & Goldstein sued out an attachment for rent against Bright and Connerley, which was levied upon sixteen bales of cotton. This cotton was claimed by J. Weis & Co., who made a claimant’s affidavit, and delivered, the same to the sheriff who had levied the attachment for rent.
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From the circuit court of Leflore county. Hon. B. W. Williamson, Judge, being disqualified, by agreement W. T. Bush, Esq., a member of the bar, presided in the trial of this case. Weis & Goldstein sued out an attachment for rent against Bright and Connerley, which was levied upon sixteen bales of cotton. This cotton was claimed by J. Weis & Co., who made a claimant’s affidavit, and delivered, the same to the sheriff who had levied the attachment for rent. No bond was given, and the sheriff afterwards sold the cotton to appellees, Basket & Aron. At the sale, notice >vas given by Weis & Co.…
1Opinion of the CourtCooper, J.
After Weis & Co. had interposed a claim to the property seized under the attachment for rent sued out by Weis & G-oldstein against Bright and Connerley, the officer had no authority to sell, unless the property seized consisted of “ horses, mules, or other live-stock, or chattels which it was expensive to keep, or perishable articles.” Laws 1882, p. 139; Code 1880, §§ 1774, 2618.
*774Cotton ginned and baled is not of a class of chattels expensive to keep, or perishable in its nature, within the meaning of the law. Goodman v. Moss, 64 Miss., 303.
So far as is disclosed by this record, Weis &…
2Cases cited1 opinion
- Goodman v. MossMississippi Supreme Court · 1886