United States Fidelity & Guaranty Co. v. Jackson
Mississippi Supreme Court
Appeal from chancery court of Hinds county. Hon. L. F. Easterling, Chancellor. Suit by the United States Fidelity & Guaranty Company against Ed. Jackson and others for an injunction. From an adverse decree, complainant appeals.
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Appeal from chancery court of Hinds county. Hon. L. F. Easterling, Chancellor. Suit by the United States Fidelity & Guaranty Company against Ed. Jackson and others for an injunction. From an adverse decree, complainant appeals. The chancellor’s holding that the injunction ivas rightfully sued out was correct because the appeal of the lumber company necessarily suspended the judgment credit- or’s rights against the surety in a judgment in replevin, since the judgment against the surety rvas to pay the value of logs only in event its principal did not return the logs, and the principal’s…
1Opinion of the CourtEti-iridge, J.
The appellees brought a suit in replevin against the Rust Land & Lumber Company for certain logs alleged to have *689been, wrongfully seized by the said lumber company. The lumber company gave a forthcoming bond, and the cause came on for trial, and there was a judgment in favor of the appellees in the circuit court for the -return of the logs, or, in the alternative, for the value thereof; the judgment reciting that the appellant in the present case was surety on the forthcoming bond in that case. From this judgment so rendered in the circuit court the Rust Land & Lumber Company took an appeal…
2Cases cited3 opinions
- Jayne v. W. B. Nash Lumber Co.Mississippi Supreme Court · 1914
- Burroughs v. JonesMississippi Supreme Court · 1901
- Tardy v. RosenstockMississippi Supreme Court · 1918
3Cited by4 opinions
- Carroll v. DraughonSupreme Court of Alabama · 1911
- Wilkinson v. LoveMississippi Supreme Court · 1928
- Wilson v. City of LexingtonMississippi Supreme Court · 1929
- Wilkinson v. LoveMississippi Supreme Court · 1928