Dreyfus v. Mayer, Son & Co.

Citations

• 69 Miss. 282

Syllabus

<p>1. Sale. Stoppage in transitu. Attachment. Fund in court.</p> <p>The right of stoppage in transitu is not lost by the seizure of the goods en route under attachment against the buyer; and even if the goods, being attached, are delivered to a claimant on execution of a forthcoming bond, the bond will represent them, and the seller may intervene and assert his right thereto.</p> <p>2. Appeal to Circuit Court. Jurisdiction. Trial of new issues.</p> <p>íf an attachment suit in the justice court be decided against the plaintiff, and he appeals, the circuit court has jurisdiction, though after dismissal by the plaintiff, to allow claimants’ issues to be made up and tried, although no trial thereof was had in the justice court, for the appeal of the plaintiff on the main issue carries with it all such ancillary issues ' as are necessary to determine the proper disposition of the property.</p> <p>3. Claimants’ Issues. Two or more for same property. Code 1880, §§ 1774, 2460.</p> <p>Under § 2460, Code 1880, as many claims may be interposed to property seized by attachment, and as many issues made up to try the same, as may be necessary; and this, whether the property remains in court or has been delivered to a claimant on bond, under ¡5 1774.</p>