Scott v. Nichols
Mississippi Supreme Court
In error from the circuit court of Madison county; Hon. Robert C. Perry, judge. The facts of the case are contained in the opinion of the court. Cited Smith v. Smith, 1 How. 102. In reply, cited Woodward v. May, 4 How. 389; Peck v. Critchlew, 7 How. 243; 5 lb. 454. The right of motion by a security against a principal has been given by the laws of other States, which have always been held constitutional.
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In error from the circuit court of Madison county; Hon. Robert C. Perry, judge. The facts of the case are contained in the opinion of the court. Cited Smith v. Smith, 1 How. 102. In reply, cited Woodward v. May, 4 How. 389; Peck v. Critchlew, 7 How. 243; 5 lb. 454. The right of motion by a security against a principal has been given by the laws of other States, which have always been held constitutional. Graves v. Webb, 1 Call, 385; J. J. Marsh, 575; Bank of Columbia v. Okey, 4 Wheaton, 235; 2 Stew, and Port. 225; 2 Ala. (n. S.) 264 ; 3 Leigh, 609; 6 Dana, 141. The statute only begins to run…
1Opinion of the CourtJustice Fisher
The defendant in error made a motion in the circuit court of Madison county, for a judgment against the plaintiff in error, as administrator de bonis non of Johnson Silverberg, deceased, to recover the sum of $1,170, which the defendant in error had been compelled to pay as surety for the intestate, on a judgment recovered in favor of the Commercial Bank of Natchez.
It was contended on the part of the defendant in the court below, that the statute giving this summary remedy is unconstitutional, and the case of Smith v. Smith, 1 How. 102, was relied on as authority to support this position.…
2Cited by10 opinions
- Isom v. Mississippi Central RailroadMississippi Supreme Court · 1858
- Burrus v. CookSupreme Court of Missouri · 1908
- Fullerton v. BaileyUtah Supreme Court · 1898
- Magee v. LeggettMississippi Supreme Court · 1873
- Mentzer v. BurlingameSupreme Court of Kansas · 1908
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