Pickard v. Samuels
Mississippi Supreme Court
Appeal from the Circuit Court of Wilkinson County. HoN. J. B. Chrism AN, Judge. The case is stated in the opinion of the court. The only reason given by the judge below for his ruling was, that plaintiffs had failed to establish by evidence that defendants did not have plenty of other property in the State to pay all their debts; “the jury didn’t know but what defendants were millionaires.”
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Appeal from the Circuit Court of Wilkinson County. HoN. J. B. Chrism AN, Judge. The case is stated in the opinion of the court. The only reason given by the judge below for his ruling was, that plaintiffs had failed to establish by evidence that defendants did not have plenty of other property in the State to pay all their debts; “the jury didn’t know but what defendants were millionaires.” The learned judge was evidently misled by a misconstruction and misapplication of the principle laid down in Myers v. Farrell, 47 Miss. 281. He evidently lost sight of every alleged ground except the…
1Opinion of the CourtCooper, C. J.
This is. an attachment suit by the appellants against the appel-lees, who are merchants. The alleged grounds of attachment are, that the'defendants were about to remove their property out of the State ; that they had property or rights of action which they concealed'and refused to apply to the payment of their debts; that they had assigned or disposed of, or were about to assign or dispose of, their property, or some part thereof, with intent to defraud their creditors, and that they had converted, or were about to convert, their property into money, or evidences of debt, with intent to place…
2Cases cited2 opinions
- Myers v. FarrellMississippi Supreme Court · 1872
- Montague v. GaddisMississippi Supreme Court · 1859
3Cited by1 opinion
- Stephenson v. SloanMississippi Supreme Court · 1888