Atkinson v. Foxworth
Mississippi Supreme Court
Error to the Circuit Court of Marion County. Hon. Green C. Chandler, Judge. A. E. Foxworth, administrator, filed his declaration on the 23d September, 1869, against Edward E. E. Magee, Elisha Magee, and Mary Magee, on their joint note. The next day he obtained a writ of attachment, in aid of his suit, which was levied on six mules, one gray horse, and other property.
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Error to the Circuit Court of Marion County. Hon. Green C. Chandler, Judge. A. E. Foxworth, administrator, filed his declaration on the 23d September, 1869, against Edward E. E. Magee, Elisha Magee, and Mary Magee, on their joint note. The next day he obtained a writ of attachment, in aid of his suit, which was levied on six mules, one gray horse, and other property. Elisha Magee and Edward E. E. Magee, on the 26th July, 1870, executed bond with sureties, conditioned according to law, for the forthcoming of the property, to abide the result of the suit, and took possession of the mules and…
1Opinion of the CourtCampbell, J.
The judgment in this case will be reversed, because the value of the mules was not assessed separately as to each mule, and the judgment is for a sum in gross. The judgment by nil dicit against the defendants in the attachment will remain undisturbed by this judgment of reversal. A writ of inquiry will be awarded to assess the value of the mules, as provided by § 1448 of the Code ; and, when it shall be proposed to enter judgment against the plaintiff in error, as surety on the replevy bond of Edward E. E. Magee, he will have the right to show cause against such judgment by setting up any…
2Cited by4 opinions
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