Legal Opinion

Mayes v. Thompson

Mississippi Supreme Court

Decided March 15, 1922No. 22057PublishedCited by 6 opinions

Appeal from circuit court of Hinds county. Hon. W. H. Potter, Judge. Action by L. L. Mayes and another against W. E. Thompson. Judgment for defendant, and plaintiffs appeal.

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Appeal from circuit court of Hinds county. Hon. W. H. Potter, Judge. Action by L. L. Mayes and another against W. E. Thompson. Judgment for defendant, and plaintiffs appeal. At the trial of this case in the lower court the appellants, Mayes and Crisler, made out a prima-facie case by providing that they acquired the automobile in controversy by bill of sale from J. C. McComber, who was then in possession of the automobile in Jackson, Mississippi, claiming to be the owner thereof and was driving and treating the automobile in every respect as though it was his own. Roach v. Anderson, 28 Miss.…

1Opinion of the CourtSmith, C. J.

This is an action of replevin, in which the appellants were the plaintiffs and the appellee the defendant in the court below. At the close of the evidence the court refused to instruct the jury to find for the plaintiffs, but instructed it to find for the defendant. There was a verdict and judgment accordingly.

The property sought to be replevied is an automobile, which the appellants claim to have purchased from a man by the name of McComber; the consideration therefor being professional services rendered and to be rendered. The appellants are attorneys at law and McComber, while under arrest…

2Cases cited3 opinions

  1. Durst v. DaughertyTexas Supreme Court · 1891
  2. Parker v. FoyMississippi Supreme Court · 1870
  3. Servis v. BeattyMississippi Supreme Court · 1856

3Cited by6 opinions

  1. Barthelmess v. CavalierCalifornia Court of Appeal · 1934
  2. Memphis Hardwood Flooring Co. v. DanielMississippi Supreme Court · 2000
  3. West Ctr. Apartments Ltd. v. KeyesMississippi Supreme Court · 1979
  4. Associates Discount Corp. v. SlaytonMississippi Supreme Court · 1956
  5. Memphis Hardwood Flooring Company v. Jamie Swann DanielMississippi Supreme Court · 1999

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