May v. Williams

Citations

• 61 Miss. 125

Syllabus

<p>1. Statute of Frauds. Promise to answer for another’s default. An oral promise to indemnify a person for becoming surety on another's bail-bond is within the Statute of Frauds. Green v. Oresswell, 10 Ad. & E. 453, approved;. Thomas v. Gooh, 8 B. & C. 728, disapproved.</p> <p>2. Ejipdoye’s Lien. Nature of proceeding. Judgment. Under Code 1880, c. 52, a proceeding to enforce a laborer’s lien is both in rem and in personam, general judgment being rendered against the person liable and the property seized condemned to be sold for its satisfaction.</p> <p>3. Employe’s Lien. Jurisdiction. Amount in controversy. 'Jurisdiction of the court, in a proceeding of this character, is determined by the amount demanded, and not by the value of the property seized. Code 1880, § 1365.</p> <p>4. Same.. Costs. Judicial discretion. Costs in such proceedings are within the discretion of the presiding judge, and should be charged to the party who ought equitably to bear them in view of all the circumstances.</p> <p>5. Same. Affidavit. Amendment. Joint ownership. A laborer’s affidavit for a writ of seizure which claims an interest in a crop may be amended by adding the names of the other joint owners of the interest, who are minors, by the affiant as next friend.</p>