ROAD MATERIAL & EQUIP. CO. v. McGOWAN

No. 40301.

229 Miss. 611 (1956)

91 So.2d 554

ROAD MATERIAL AND EQUIPMENT COMPANY v. McGOWAN, et al.

Supreme Court of Mississippi.

December 17, 1956.


Attorney(s) appearing for the Case

Harmon W. Broom, Jackson, for appellant, Road Material & Equipment Company, Inc.

Butler, Snow, O'Mara, Stevens & Cannada, Jackson, for appellant, Stribling Bros. Machinery Company.

Crisler, Crisler & Bowling, Jackson, for appellee, Arch McGowan.

Byrd, Wise & Smith, Jackson, for appellee, Mississippi Road Supply Company.

Crisler, Crisler & Bowling, Jackson, for appellees, Arch McGowan, et ux.


ETHRIDGE, J.

This case involves questions of whether the circuit court has power in a replevin suit to render a money judgment for debt against the defendant, and, if not, whether such money judgment is later subject to collateral attack by the defendant in replevin.

In December 1950 appellant, Road Material and Equipment Company, Inc., filed an affidavit in replevin in...

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