Legal Opinion

Harris v. Robson

Mississippi Supreme Court

Decided April 15, 1891PublishedCited by 2 opinions

From the circuit court of Yazoo county. Hok. J. B. Chrismak, Judge. Appellees, Robson, Block & Co., had a judgment against E. S. Harris. On November 4,1890, execution thereon was levied upon certain goods in a store at Deasonville, Yazoo county, Miss. The goods were claimed by M. A. Harris, ivife of the defendant in execution, and an issue was made up and tried as to the right of property.

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From the circuit court of Yazoo county. Hok. J. B. Chrismak, Judge. Appellees, Robson, Block & Co., had a judgment against E. S. Harris. On November 4,1890, execution thereon was levied upon certain goods in a store at Deasonville, Yazoo county, Miss. The goods were claimed by M. A. Harris, ivife of the defendant in execution, and an issue was made up and tried as to the right of property. On the trial there was testimony tending to show that the mercantile business in which the goods were used was transacted by and in the name of M. A. Harris as owner, and that her husband, E. S. Harris, was…

1Opinion of the CourtCooper, J.

The controversy in this case is whether E. S. Harris, the execution debtor, was so transacting the mercantile business in which the goods seized were used as to subject them to execution for his debts.

By the instruction given for the plaintiffs, the jury was told that if it believed the defendant “ conducted” the business, and that there was no other sign at the place of business than that of “ Alliance Store,” the verdict should be for the plaintiffs. This was erroneous, in that it either assumed that the defendant was by, “ conducting” the business, “ transacting business in his own name,”…

2Cases cited1 opinion

  1. Quin v. MylesMississippi Supreme Court · 1882

3Cited by2 opinions

  1. Whittington v. Yazoo Delta Mortgage Co.Mississippi Supreme Court · 1927
  2. Federal Credit Co. v. HollomanMississippi Supreme Court · 1933

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