Levy, Simon & Co. v. Brown
Mississippi Supreme Court
ERROR to the Circuit Court of Warren County. Hon. IT. M. Young, Judge. The case is stated in the opinion of the court. 1. Miller had no authority, by virtue of his employment as an attorney to collect the claim against Lowenhaupt, to represent Levy, Simon &Co., in the injunction suit.
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ERROR to the Circuit Court of Warren County. Hon. IT. M. Young, Judge. The case is stated in the opinion of the court. 1. Miller had no authority, by virtue of his employment as an attorney to collect the claim against Lowenhaupt, to represent Levy, Simon &Co., in the injunction suit. His authority as their attorney ceased when he had obtained judgment against the garnishees, Bodenheim & Co. Dennis et al. v. McLaurin, 2 G-a. 606 ; Whart. on Ag. 425 ; ib. 375. 2. But if Miller had been the solicitor of the plaintiffs in error, in the injunction suit, he would not have had the authority to…
1Opinion of the CourtChalmers, J.
This is a suit on an injunction-bond, which originated under the following circumstances : Levy, Simon & Co. (afterwards Levy, Scheur & Co.), of New Orleans, placed in the hands ofH. H. Miller, a lawyer of Vicksburg, a claim for collection against the estate of Isaac Lowenhaupt, deceased. Suit was promptly brought, and resulted in the recovery of a judgment against Catherine Lowenhaupt, executrix of said estate, for $2,020.87. An execution on this judgment having been returned nulla bona, Miller caused writs of garnishment to be issued, which were served on Bodenheim & Co. and Louis Hoffman.…
2Cases cited18 opinions
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