May v. Williams
Mississippi Supreme Court
Appeal from the Circuit Court of Noxubee County. Hon. James M. Arnold, Judge. Louisa Williams filed her affidavit with the circuit clerk, claiming that she was entitled to a lien for her labor, and that of her minor sisters, on eight bales of cotton, four hundred and twenty bushels of corn, and some cotton seed and fodder, cultivated during the year 1882, upon land owned by Emma May, who had contracted to pay these laborers half the -cotton made and one-third of the other…
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Appeal from the Circuit Court of Noxubee County. Hon. James M. Arnold, Judge. Louisa Williams filed her affidavit with the circuit clerk, claiming that she was entitled to a lien for her labor, and that of her minor sisters, on eight bales of cotton, four hundred and twenty bushels of corn, and some cotton seed and fodder, cultivated during the year 1882, upon land owned by Emma May, who had contracted to pay these laborers half the -cotton made and one-third of the other products, and that the joint interest of herself and her three sisters, who were her natural wards, amounted in value to…
1Opinion of the CourtCoopek, J.
It was not error for the court below to permit an amendment to be made of the affidavit on which the writ of seizure was issued. Louisa Williams and her infant sisters were jointly interested under the contract with Mrs. May in the fruits of their labor. In the original affidavit Louisa Williams had demanded in her own name the interest of all the laborer^ in the crop, and the amendment was necessary to bring before the court all the joint-owners of the claim propounded. A suit to enforce a laborer’s lien is, under the Code of 1880, c. 52, a proceeding partly in rem and partly in personam. A…
2Cases cited4 opinions
- D'Wolf v. RabaudSupreme Court of the United States · 1828
- Anderson v. SpenceIndiana Supreme Court · 1880
- Dunn v. West & HackleyCourt of Appeals of Kentucky · 1845
- Lucas v. ChamberlainCourt of Appeals of Kentucky · 1847
3Cited by10 opinions
- Alphin v. LowmanSupreme Court of Virginia · 1913
- Hannan Motor Co. v. DARRMississippi Supreme Court · 1952
- Gansey v. OrrSupreme Court of Missouri · 1903
- Newbern v. . FisherSupreme Court of North Carolina · 1930
- Continental Casualty Co. v. CrookMississippi Supreme Court · 1930
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