Thomas & Co. v. Wooldridge
Supreme Court of the United States
On motion to dismiss an appeal from the Circuit Court for the Southern District of Mississippi. The case was thus: In May, 1874, Wooldridge, of Kentucky, got a judgment in the Circuit Court just named, against Thomas & Co., of Mississippi, for $4800. In June following, one Hedric, of Louisiana, a creditor of Wooldridge, attached in a State court of Mississippi, the judgment which Wooldridge had thus got, and summoned Thomas & Co. as garnishees.
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On motion to dismiss an appeal from the Circuit Court for the Southern District of Mississippi. The case was thus: In May, 1874, Wooldridge, of Kentucky, got a judgment in the Circuit Court just named, against Thomas & Co., of Mississippi, for $4800. In June following, one Hedric, of Louisiana, a creditor of Wooldridge, attached in a State court of Mississippi, the judgment which Wooldridge had thus got, and summoned Thomas & Co. as garnishees. Notwithstanding this, the attorney of Wooldridge issued a fi. fa. against Thomas & Co., and the marshal was proceeding to levy and make sale of their…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of the court.
It is first objected that this motion cannot be entertained now because the appellants had until the next term to file the record. In Ex parte Russell * we decided that “ unless some unforeseen inconvenience should arise from the practice, we would not refuse to hear a motion to dismiss before the term in which, in regular order, the record ought to be' returned,” if the record was actually brought here and printed. We think now, as we did then, that such a practice will “ be likely to prevent great delays and expense and further the ends of…
2Cases cited1 opinion
- Young v. GrundySupreme Court of the United States · 1810
3Cited by9 opinions
- Cohn v. LehmanSupreme Court of Missouri · 1887
- Tramp v. McDonnellSupreme Court of Alabama · 1895
- Thomas v. Green CountyCourt of Appeals for the Sixth Circuit · 1908
- Hamill v. Bank of Clear Creek CountyColorado Court of Appeals · 1896
- Denver & R. G. R. v. WalkerCourt of Appeals for the Eighth Circuit · 1895
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