John E. Hall Commission Co. v. Foote

Mississippi Supreme Court
John E. Hall Commission Co. v. Foote, 90 Miss. 422 (Miss. 1907)
43 So. 676
Caluoon

John E. Hall Commission Co. v. Foote

Opinion of the Court

Caluoon, <L,

delivered the opinion of the court.

On the two points for appellants' — Erst, that the contract for the four car loads of corn contemplated delivery on the cars at St. Louis, and not at the points of destination; and, second, that the ownership of the corn attached was in the Traders’ *429Elevator Company — it is enough to say that we sustain the chancellor’s finding on these questions of fact. On the objection that there was a personal decree against the John E. Hall Commission Company for the balance not realized from the sale of the property attached, it need only be said that, even if we should overrule the ruling, made through the writer of this, on a point not necessary to the conclusion, in Chamberlain-Hunt Academy v. Port Gibson Brick Co., 80 Miss., 517, 32 South., 116, 484, the holding here would be good, under Code 1906, § 536. There is no vested right to appellants in the former decision.

.Affirmed.

Reference

Full Case Name
John E. Hall Commission Company v. George M. Foote
Cited By
2 cases
Status
Published
Syllabus
1. Attachments in Chancery. Code 1906, § 536. Proceedings. Jurisdiction. Personal decree. Under Code 1906, § 536, providing for attachments in chancery against nonresident debtors, a court of equity may, where a nonresident defendant has appeared and answered in the suit, render a personal decree against him for the balance of complainant’s debt not realized by sale of the attached property. 2. Remedial Statutes. Tested right. A litigant has no vested right in a rule of procedure or a remedial statute.