Higdon v. Vaughn
Mississippi Supreme Court
Appeal from the Circuit Court of Copiah County. Hon. S. S. Calhoon, Judge. This action was brought by Mrs. Frances C. Vaughn against Thomas L. Fairchild, Bud Higdon, and A. B. Beesly, upon a bond given by Fairchild as a claimant in an attachment suit wherein Mrs. Vaughn was the plaintiff and Columbus Rials the defendant. Higdon and Beesly were the sureties on the bond.
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Appeal from the Circuit Court of Copiah County. Hon. S. S. Calhoon, Judge. This action was brought by Mrs. Frances C. Vaughn against Thomas L. Fairchild, Bud Higdon, and A. B. Beesly, upon a bond given by Fairchild as a claimant in an attachment suit wherein Mrs. Vaughn was the plaintiff and Columbus Rials the defendant. Higdon and Beesly were the sureties on the bond. The bond was conditioned for the delivery of the attached property to the sheriff, it having been received by Fairchild under his bond, “if the claim thereto should be determined against the claimant.” The claim in attachment…
1Opinion of the CourtCampbell, J.
The demuiTer was properly sustained to the second and fourth pleas. The dismissal by the Circuit Court, in April, 1874, of the claim of Fairchild was a determination of the claim as made against him, and the failure to deliver the property to the sheriff was a breach of the condition, of the bond. As to the second plea, which merely states that the court, at the instance of the plaintiff, dismissed the claim, against the consent of the claimant, without showing the ground of the dismissal, the presumption must be indulged that the dismissal was proper. The fourth plea shows that the claim was…
2Cases cited1 opinion
- Atkinson v. FoxworthMississippi Supreme Court · 1876
3Cited by2 opinions
- Mercantile Acceptance Corp. v. HedgepethMississippi Supreme Court · 1927
- Adams v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1899