Third Nat. Bank of St. Louis v. Reeves Grocery Co.
Mississippi Supreme Court
Third Nat. Bank of St. Louis v. Reeves Grocery Co., 113 Miss. 35 (Miss. 1916)
73 So. 866
Ethbidge
Third Nat. Bank of St. Louis v. Reeves Grocery Co.
Opinion of the Court
delivered tlie opinion of the court.
There are no errors in the record sufficient to reverse the cause. The court had the discretion to require security for cost incurred by reason of its claim. The burden was on plaintiff in attachment on the trial of the claimant’s issue (sections 163, 2352, and 4994', Code of 1906), but the issue was tried before the judge, and the record does not show any injury by appellant presenting its proof first.
Affirmed.
Reference
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Attachment. Claimants issue. Security f¿r cost. Discretion of court. On the trial of the claimant’s issue, it is within the discretion of the court to require the claimant to give security for cost. 2. Attachment. Claimant’s issue. Buréen of proof. Statutes. Under section 163-2352-4994, Code 1906, on the trial of the claimants issue under an attachment, the burden of proof is on the plaintiff in attachment.