B. Altman & Co. v. Wall
Mississippi Supreme Court
Appeal from the circuit of Panola county. Hon. N. A. Taylor, Judge. Suit by B. Altman & Co. against Mrs. W. D. Wall. Prom an order sustaining defendants motion to quash a writ of attachment, plaintiff appeals. This is an appeal from an order of the circuit court ■sustaining a motion to quash a writ of attachment.
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Appeal from the circuit of Panola county. Hon. N. A. Taylor, Judge. Suit by B. Altman & Co. against Mrs. W. D. Wall. Prom an order sustaining defendants motion to quash a writ of attachment, plaintiff appeals. This is an appeal from an order of the circuit court ■sustaining a motion to quash a writ of attachment. The motion alleges that the mayor of the town, who acted as ex oficio justice of the peace at the trial of the case, was at the time of the issuance of the writ of attachment a deputy sheriff of the county, and that the.acceptance of the latter office, which belonged to' the…
1Opinion of the CourtSykes, J.
The appellants, B. Altman & Co., instituted an attachment suit against Mrs. W. D. Wall in the court of[ T. J. Taylor, mayor of the town of Sardis, and ex officio-' justice of the peace in and for said town. The question before this court is whether or not said Taylor was-, either a de facto or a de jure justice of the peace at the time of the issuance of the attachment. The facts relating to this question are as follows: T. J. Taylor was elected mayor of the town of Sardis for a term of two-years, and duly qualified as such and. fulfilled the duties of the office for the term. One year after…
2Cases cited2 opinions
- Norton v. Shelby CountySupreme Court of the United States · 1886
- State ex rel. Fletcher v. ArmstrongMississippi Supreme Court · 1907
3Cited by3 opinions
- Bird v. StateMississippi Supreme Court · 1929
- Coker v. WilkinsonMississippi Supreme Court · 1926
- Wilson v. StateMississippi Supreme Court · 1917