Meyer v. Mosler ex rel. Warner
Mississippi Supreme Court
Appeal from the Circuit Court of Lauderdale County 1 HoN. S. H. «Terral, Judge. The case is stated in the opinion of the court. The appellee, Warner, should have interposed his claim to the property in question1 in the suit now pending in the United States court in Jackson between Pollock & Co. and N. W. Hopper, and Jacob Meyer, claimant, under the claimant’s issue.
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Appeal from the Circuit Court of Lauderdale County 1 HoN. S. H. «Terral, Judge. The case is stated in the opinion of the court. The appellee, Warner, should have interposed his claim to the property in question1 in the suit now pending in the United States court in Jackson between Pollock & Co. and N. W. Hopper, and Jacob Meyer, claimant, under the claimant’s issue. The proceeding under the claimant’s issue is a statutory proceeding, and if it was not intended to cover cases exactly similar to this, what is the purpose of it ? Jacob Meyer, in the attachment suit of Pollock & Go. v. Hopper,…
1Opinion of the CourtCooper, C. J.
The record in this case comprises all sorts of facts and suits. Aided by the brief of counsel, we have, we think, been successful in eliminating from consideration so much of the record as has relation to another suit which had been brought by the present plaintiff against the defendant, but which had been dismissed before the institution of this action.
It seems that in 1882 a firm of Hopper & Co. bought of Warner a “ Mosler ” iron safe, and entered into a written contract by which the title to the safe was reserved to Warner until payment should be made of the purchase price. They then…
2Cases cited2 opinions
- Pearce v. TwichellMississippi Supreme Court · 1867
- Jayne v. DillonMississippi Supreme Court · 1854
3Cited by9 opinions
- Roof v. Chattanooga Wood Split Pulley Co.Supreme Court of Florida · 1895
- Willis v. BurchSupreme Court of Georgia · 1902
- Herrington v. Stimpson Computing Scale Co.Mississippi Supreme Court · 1931
- Robinson v. Friendly Finance Co. of Biloxi, Inc.Mississippi Supreme Court · 1961
- Evans v. Junius Hart Piano HouseMississippi Supreme Court · 1925
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