Third Nat. Bank of St. Louis v. Reeves Grocery Co.
Mississippi Supreme Court
Appeal from the circuit court of Lee county. HoN. Claude ClaytoN, Judge. Attachment by the Reeves Grocery Company against the Kehlor Flour Mills Company, wherein the Third National Bank of St. Louis was claimant. From a judgment for plaintiff, the claimant appeals. The facts are not stated in the case. The court erred in requiring the claimant to give security for costs, and in holding that the burden of proof was on the claimant.
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Appeal from the circuit court of Lee county. HoN. Claude ClaytoN, Judge. Attachment by the Reeves Grocery Company against the Kehlor Flour Mills Company, wherein the Third National Bank of St. Louis was claimant. From a judgment for plaintiff, the claimant appeals. The facts are not stated in the case. The court erred in requiring the claimant to give security for costs, and in holding that the burden of proof was on the claimant. Appellee’s motion to require appellant, as claimant in the court below, to give security for costs is based on section 940 of the Code of 1906 which only provides…
1Opinion of the Court
Ethbidge, J.,
delivered tlie opinion of the court.
There are no errors in the record sufficient to reverse the cause. The court had the discretion to require security for cost incurred by reason of its claim. The burden was on plaintiff in attachment on the trial of the claimant’s issue (sections 163, 2352, and 4994', Code of 1906), but the issue was tried before the judge, and the record does not show any injury by appellant presenting its proof first.
Affirmed.
2Cited by1 opinion
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