Furst v. Pease
Mississippi Supreme Court
From the circuit court of Bolivar county. IIon. James M. Casi-iin, Judge. Pease, appellee, was plaintiff in the court below; Furst, appellant, was defendant there. From a judgment for the plaintiff the defendant appealed to the supreme court. The facts, as stated by Anderson, J., are as follows: — ■ “The appellee sued the appellant in replevin before a justice of the peace of Bolivar county for a soda fountain and apparatus.
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From the circuit court of Bolivar county. IIon. James M. Casi-iin, Judge. Pease, appellee, was plaintiff in the court below; Furst, appellant, was defendant there. From a judgment for the plaintiff the defendant appealed to the supreme court. The facts, as stated by Anderson, J., are as follows: — ■ “The appellee sued the appellant in replevin before a justice of the peace of Bolivar county for a soda fountain and apparatus. Pease recovered judgment, and Furst ¿ppealed to the circuit court, where there was a trial had and judgment rendered in favor of the appellee, Pease, for the soda…
1Opinion of the CourtAnderson, J.
The court below committed no error in charging the jury peremptorily to find a verdict for the appellee, Pease. In view of the recital in the forthcoming bond executed by Furst, ad-, mitting possession of the property sued for, he will not be heard to deny that he had possession of it at the time of the institution of the replevin suit and the service of the writ. The recital in the forthcoming bond operates as an estoppel upon him to deny the possession of the property. It is an admission, in most solemn form, of the possession of the property by him. It was held in Healy v. Newton et al.,…
2Cases cited1 opinion
- Healy v. NewtonMichigan Supreme Court · 1893
3Cited by3 opinions
- Schneider v. BerryMississippi Supreme Court · 1934
- Vaughn v. HuffMississippi Supreme Court · 1910
- Great Atlantic & Pacific Tea Co. v. MajureMississippi Supreme Court · 1936