Home/Mississippi Supreme Court/Schneider v. Berry

Schneider v. Berry

157 So. 91, 171 Miss. 89, 1934 Miss. LEXIS 212
CourtMississippi Supreme Court
DecidedOctober 22, 1934
DocketNo. 31240.
StatusPublished
Cited by27 cases

This text of 157 So. 91 (Schneider v. Berry) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schneider v. Berry, 157 So. 91, 171 Miss. 89, 1934 Miss. LEXIS 212 (Mich. 1934).

Opinion

Ethridge, P. J.,

delivered the opinion of the court.

The appellant was plaintiff in the court below and sued out a writ of replevin for certain property sold by him to the appellee for the conduct of a beauty shop in Houston, Mississippi. The affidavit of replevin alleged that the property was wrongfully detained by Miss Pearl Berry in district No. 1 for the election of justices of the peace in Chickasaw county, and gave the items of property and the value of each item separately.

There was proof that demand was made for the property, and the writ of replevin appears to have been introduced as well as the bond given for the forthcoming of the property.

It was also proven in the evidence that the supervisors’ district No. 1 was the district in which Houston is situated, and the value of the property was proven.

*91 At tlie conclusion of tlie appellant’s evidence, the defendant (appellee here) moved to exclude the evidence and to direct a verdict for the defendant, first, because the proof failed to show that the defendant refused to surrender the property, and, second, because there was no proof that the property was taken in the first supervisors’ district of Chickasaw county.

This motion was sustained by the court below, which we think was error. The giving of the bond was an admission of the possession of the property and was equivalent to an admission that the property was in district No. 1 in which the writ issued and was returned. Fitzgerald v. Williams, 136 Miss. 250, 101 So. 370; Furst v. Pease, 97 Miss. 468, 52 So. 257.

There was no motion in the court below to dismiss the writ of replevin on the ground that the property seized was found in any other district than that in which the writ was directed and the trial had.

For the errors indicated, the judgment will he reversed and the cause remanded for a new trial.

Reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Green v. State
614 So. 2d 926 (Mississippi Supreme Court, 1993)
Tolbert v. State
511 So. 2d 1368 (Mississippi Supreme Court, 1987)
Seismic Petroleum Services, Inc. v. Ryan
450 So. 2d 437 (Mississippi Supreme Court, 1984)
L & A Contracting Co. v. Hube
133 So. 2d 394 (Mississippi Supreme Court, 1961)
State Highway Department v. Sinclair Refining Co.
118 S.E.2d 293 (Court of Appeals of Georgia, 1961)
Ratton v. Busby
326 S.W.2d 889 (Supreme Court of Arkansas, 1959)
Mississippi State Highway Commission v. Turnipseed
111 So. 2d 925 (Mississippi Supreme Court, 1959)
Scott v. State
75 So. 2d 466 (Mississippi Supreme Court, 1954)
Fitzpatrick v. Sooner Oil Co.
212 F.2d 548 (Tenth Circuit, 1954)
Hearn v. State
69 So. 2d 223 (Mississippi Supreme Court, 1954)
Butler v. State
65 So. 2d 244 (Mississippi Supreme Court, 1953)
Chicago, R. I. & P. R. v. Turner
1952 OK 170 (Supreme Court of Oklahoma, 1952)
Poteete v. City of Water Valley
42 So. 2d 112 (Mississippi Supreme Court, 1949)
Stone, Chairman, State Tax Commission v. Taylor MacHine Works
36 So. 2d 137 (Mississippi Supreme Court, 1948)
Ball v. Twin City Motor Bus Co.
30 N.W.2d 523 (Supreme Court of Minnesota, 1948)
Floyd v. Williams
22 So. 2d 365 (Mississippi Supreme Court, 1945)
Quinn v. System Co.
12 Conn. Super. Ct. 250 (Connecticut Superior Court, 1943)
Quinn v. System Co.
12 Conn. Supp. 250 (Pennsylvania Court of Common Pleas, 1943)
Gordon v. State
196 So. 507 (Mississippi Supreme Court, 1940)
Meridian Coca Cola Bottling Co. v. Illges
191 So. 817 (Mississippi Supreme Court, 1939)

Cite This Page — Counsel Stack

Bluebook (online)
157 So. 91, 171 Miss. 89, 1934 Miss. LEXIS 212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schneider-v-berry-miss-1934.