Young v. Pickens & Green
Citations
- 45 Miss. 553
Syllabus
<p>1. Circuit court—death or co-plaintirr.—A valid judgment cannot be rendered in favor of co-plaintiffs, one of whom, at the time, is dead. 1 Such judgment is void.</p> <p>2. Attachment—liability or surety on replevin bond — verdict to assess value or the property.—The surety on a replevin bond, executed under art. 8, Code, 375, is only liable to the extent of the value of the property replevied, and the jury, in finding against the defendant in attachment, should assess the value of the property as well as the debt due the plaintiff.</p> <p>3. Liability op suket y on bond to have slaves pobthcoming — as appected by emancipation op the slaves. —The surety on a bond, given by the defendant, in an attachment to replevy slaves, is.liable only to damages for the detention of the property, he being exonerated from all liability beyond this, by the emancipation of the slaves.</p>
Judges: Tabbell
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