Legal Opinion

McCue v. Massey

Mississippi Supreme Court

Decided March 15, 1907PublishedCited by 4 opinions

Pkom the circuit court of Pike county. Hon. Moyse H. Wilkinson, Judge. McCue, the appellant, was plaintiff, and one Duncan was defendant, in the court below; Massey, the appellee, was claimant of the property in controversy. Prom a judgment predicated of a peremptory instruction, the plaintiff appealed to the supreme court.

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Pkom the circuit court of Pike county. Hon. Moyse H. Wilkinson, Judge. McCue, the appellant, was plaintiff, and one Duncan was defendant, in the court below; Massey, the appellee, was claimant of the property in controversy. Prom a judgment predicated of a peremptory instruction, the plaintiff appealed to the supreme court. The appellant, McCue, was the beneficiary in a chattel deed of trust executed by Duncan to Holmes, as trustee, and covering certain horses, vehicles and harness. Appellant instituted replevin in the court of a justice .of the peace against Duncan for possession of the…

1Opinion of the CourtWhitfield, C. J.

The court,erred in not permitting the amendment offered, substituting Holmes for the use of McCue 'as plaintiff.

Reversed and remanded.

2Cited by4 opinions

  1. Standard Life Ins. Co. of Indiana v. VealMississippi Supreme Court · 1977
  2. Stuyvesant Ins. v. A. C. Smith Motor Sales Co.Mississippi Supreme Court · 1924
  3. American Ry. Express Co. v. RobyMississippi Supreme Court · 1922
  4. Sam v. AllenMississippi Supreme Court · 1929

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