Beck v. Rosser
Mississippi Supreme Court
From the circuit court of Bolivar county. HoN. Geo. Winston, Judge. This action was begun by attachment by D. E. Rosser, for the use of John Rosser, against J. J. Beck. Certain cotton was levied upon by the writ of attachment which was released to the defendant, upon his giving bond to have the same forthcoming to abide the judgment of the court.
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From the circuit court of Bolivar county. HoN. Geo. Winston, Judge. This action was begun by attachment by D. E. Rosser, for the use of John Rosser, against J. J. Beck. Certain cotton was levied upon by the writ of attachment which was released to the defendant, upon his giving bond to have the same forthcoming to abide the judgment of the court. Plaintiff, “ D. E. Rosser for the use and benefit of said John Rosser,” filed a declaration in the case, and attached to the same was an open account upon which the suit was based. This account was in favor of D. E. Rosser against the defendant,…
1Opinion of the CourtCampbell, J.
This action is not maintainable in the name of “D. E. Posser for the use of John Posser,” because the legal title of the chose in action sued on was in the latter. Lake v. Hastings, 24 Miss. 490.
The judgment by default did not cure the fatal defect mentioned. Haynes v. Ezell, 25 Miss. 242, decided under a statute somewhat broader than that now in force.
It is regrettable that a circumstance so trivial in the view of common sense should operate to reverse the judgment, but so the law is written, and so long as the distinction between courts of law and courts of chancery and legal and equitable…
2Cases cited2 opinions
- Haynes v. Ezell ex rel. WalkerMississippi Supreme Court · 1852
- Lake v. HastingsCourt of Appeals of Mississippi · 1852
3Cited by1 opinion
- Nixon v. DillardMississippi Supreme Court · 1896