Legal Opinion

Mengel Box Co. v. Joest

Mississippi Supreme Court

Decided October 15, 1921No. 22030PublishedCited by 1 opinion

Appeal from circuit court of Bolivar county. Hon. W. A. Alcorn, Jr., Judge. Replevin by the Mengel Box Company against P. H. Joest. Judgment for defendant against plaintiff and the sureties on its replevin bond, and plaintiff appeals. The appellant, Mengel Box Company, brought replevin ag'ainst the appellee, P. H. Joest, in the circuit court of Bolivar county for a steel barge of the value of twelve thousand dollars.

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Appeal from circuit court of Bolivar county. Hon. W. A. Alcorn, Jr., Judge. Replevin by the Mengel Box Company against P. H. Joest. Judgment for defendant against plaintiff and the sureties on its replevin bond, and plaintiff appeals. The appellant, Mengel Box Company, brought replevin ag'ainst the appellee, P. H. Joest, in the circuit court of Bolivar county for a steel barge of the value of twelve thousand dollars. The appellant gave bond under the statute in the sum of twenty-five thousand dollars, double the value of the barge, and took possession of the same, After all the testimony for…

1Opinion of the Court

.Andekson., J.,

delivered the opinion of the court.

(After stating the facts as above). The appellee-refused to deliver the barge to the appellant because the latter declined to pay the salvage charges demanded by him amount*474ing to three liuudrecl and sixty dollars. Appellee’s contention is that he has a right to the possession oí the barge as security for his salvage charges which he claims are reasonable; that under the law he lias a lien or charge against the barge for his services and expenses in bringing it in from the river and tying it up in a place of safety, and for the purpose of…

2Cases cited3 opinions

  1. The Barque Island City— Pierce, Cromwell, LibellantsSupreme Court of the United States · 1862
  2. The HyderabadDistrict Court, E.D. Wisconsin · 1882
  3. Merrill v. FisherMassachusetts Supreme Judicial Court · 1910

3Cited by1 opinion

  1. O. F. Shearer & Sons, Inc. v. DeckerDistrict Court, S.D. West Virginia · 1972

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