Cooley v. Tullas

Decided March 15, 1917

Mississippi Supreme Court · decided 1917-03-15

Hon. W. H. Hughes, Judge. Suit by J. S. Tullas and others against J. Cooley and others. From a judgment for plaintiffs, defendants appeal. Appellees were employed as laborers at the sawmill of appellants, and were engaged in the manufacture of lumber.

Cited by 1 later decisions — most recently June 1927

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1917-03-15

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Holden, J.,

¶1delivered the opinion of the court.

¶2Under chapter 131, Laws 1908, plaintiffs below had a ■concurrent statutory lien upon the property seized, which could and should have been enforced in the chan•cery court. The statute makes no provision for the enforcement of the lien where there are several persons with liens of equal strength upon the same property; but the chancery court had jurisdiction to enforce the lien as to all of the three plaintiffs against the property in one suit, and the circuit court having assumed jurisdiction of the cause, and proceeded to judgment, we will mot disturb the judgment, in view of section 147 of the .state Constitution.

¶3We find no reversible error in the record.

¶4Affirmed.