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· 10/15/1870

Fleming v. Bailey

Citations

  • 44 Miss. 132

Syllabus

<p>1. Attachment — Measuee oe damages. — Where an attachment was levied on cotton which depreciated in value, from fifty to thirty cents per pound, after seizure and before the attachment was (juashed, the extent of the depreciation is the measure of damages to govern the jury in their verdict.</p> <p>2. Issue oe abatement. — In trying the issue of abatement, where the grounds on which the attachment issued are traversed, the jury have as large a scope to consider and determine the damages, as in a suit on the attachment bond.</p> <p>3. Measuee oe damages. — A person restrained by injunction from taking possession of a farm from March to September, is not restricted in a suit on the injunction bond, to proof of the value of the mere use of the farm during tho time, but may recover for the loss of crops.</p>

Judges: Slmrall

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