Durham v. Slidell Co.
Mississippi Supreme Court
From the circuit court of Lamar county. Hon. William H. Cook, Judge. The Slidell Company, appellee, a judgment creditor of William L. Durham, appellant’s husband, caused an execution to be issued on his judgment and levied upon certain horses and buggies found in a stable belonging to the appellant, Mrs. Durham. The husband, defendant in execution, had the property in his possession and under his control.
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From the circuit court of Lamar county. Hon. William H. Cook, Judge. The Slidell Company, appellee, a judgment creditor of William L. Durham, appellant’s husband, caused an execution to be issued on his judgment and levied upon certain horses and buggies found in a stable belonging to the appellant, Mrs. Durham. The husband, defendant in execution, had the property in his possession and under his control. The plaintiff in execution claimed that it was liable to execution by reason of the statute, Code 1906, § 4784, because her husband was conducting a “livery and feed stable” business,…
1Opinion of the Court
■Whiteteld, O. J.,
delivered the opinion of the court.
A most careful scrutiny of the testimony in this record fails to show that William L. Durham was a “trader,” within the meaning of our sign statute. Section 4184 of the Code of 1906. The evidence, taken as a whole, shows that the stable he kept was a livery and feed stable, rather than a livery and sales stable. There is no competent evidence of any sale made by him, except of one vehicle. There is certain other testimony about sales; but that testimony is wholly hearsay, and, of course, incompetent. “One swallow does not make a summer,”…
2Cited by1 opinion
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