Estis v. Trabue

• Decision Date: 19 November 1888
• Citation: 32 L.Ed. 437,9 S.Ct. 58,128 U.S. 225
• Parties: ESTIS v. TRABUE et al
• Court: U.S. Supreme Court

128 U.S. 225

9 S.Ct. 58

32 L.Ed. 437

ESTIS v. TRABUE et al.

November 19, 1888.

R. O. Reynolds, for plaintiff in error.

W. V. Sullivan and John Mason Brown, for defendants in error.

BLATCHFORD, J.

This is a writ of error to the district court of the United States for the Northern district of Mississippi, brought to review a judgment recovered on the 22d of April, 1885, in the name of Trabue, Davis & Co., as plaintiffs, against Estis, Doan & Co., as claimants. The citation in the case is addressed to Trabue, Davis & Co., and states that Estis, Doan & Co. are plaintiffs in error, and Trabue, Davis & Co. are defendants in error, and refers to the judgment as one rendered against Estis, Doan & Co. The supersedeas bond refers to the judgment as one rendered in favor of Trabue, Davis & Co., plaintiffs, against Estis, Doan & Co., claimants, and to the writ of error as one obtained by Estis, Doan & Co., claimants; and it purports to be executed by J. N. Estis and J. H. Doan, members composing the firm of Estis, Doan & Co., as principals, and by two sureties; and Trabue, Davis & Co. are named as the obligees. The original suit was an attachment suit brought in the name of Trabue, Davis & Co. against one B. F. McRae, in the circuit court of Tishomingo county, Miss., on the allegation that McRae had disposed of his property with intent to defraud his creditors. An attachment was issued and was served by the sheriff upon, among other things, certain personal property described by him in his return. After such return, a claim, by affidavit, was made to the personal property so attached, as the property of Estis, Doan & Co., and a forthcoming bond was given, executed in the name of Estis, Doan & Co., as principals, and C. F. Robinson and John W. Dillard, as sureties, to Trabue, Davis & Co., as obligees, conditioned for the payment by Estis, Doan & Co. to Trabue, Davis & Co. of all such damages as might be awarded against Estis, Doan & Co., in case their claim should not be sustained, and for the delivery of the property to the sheriff if their claim to it should be determined against them. On the back of the bond was indorsed an affidavit made by J. H. Doan, setting forth that he and J. N. Estis were the members who composed the firm of Estis, Doan & Co. This bond was approved by the sheriff, and the property was returned to Estis, Doan & Co. McRae filed a plea in abatement, denying the allegation of the fraudulent assignment of his property; and then the members of the firm of Trabue, Davis & Co., giving their names as James Trabue, William A. Davis, and Richard Trabue, and stating themselves to be citizens of Kentucky, and to have been such at the time the suit was brought, and McRae to have been and to be still a citizen of Mississippi, caused the suit to be removed into the said district court of the United States. In that court a declaration was filed, in the name of the said three members of the firm of Trabue, Davis & Co., against McRae, claiming a recovery on sundry promissory notes made by McRae. On the 13th of April, 1885, upon a trial by a jury, a judgment was entered in favor of the plaintiffs against McRae, with interest at 6 per cent. per annum from that date, and costs. On the 22d of April, 1885, after a trial before a jury of the issue between Trabue, Davis & Co., as plaintiffs in the attachment, and Estis, Doan & Co., as claimants of the attached property, a judgment was entered, which is entitled 'Trabue, Davis & Co. v. B. F. McRae, def't, Estis, Doan & Co., cl'm'ts.' The judgment sets forth that the jury returned as their ver- dict that they found 'for the plaintiffs,' and made 'the following estimate of the property,' specifying it by items, substantially as in the return of the sheriff to the attachment and in the affidavit of claim made on behalf of the claimants, but with different estimates of valuation. The judgment then proceeds: 'It is therefore considered and adjudged by the court that the plaintiffs recover of the claimants and C. F. Robinson and John W Dillard, their sureties in their forthcoming bond, the sum of six thousand and three hundred dollars, together with the costs, both in the suit of the plaintiffs against the defendant B. F. McRae, and the costs incident to the trial of this issue, to satisfy the judgment for said sum of six thousand and three hundred dollars rendered in favor of the plaintiffs against the defendant B. F. McRae, in this court, on the 13th day of April, 1885; but this judgment to be satisfied upon the delivery to the marshal of the property described in the claimants' affidavit, or as much thereof as may be necessary to satisfy said judgment and the costs aforesaid, and for which let execution issue against the said _____, and the sureties aforesaid, unless the said property is delivered to the marshal for the sale thereof by him for the satisfaction of the judgment and costs aforesaid, which property is hereby condemned for the payment of said judgment and costs, to be sold under writ of venditioni exponas aforesaid.'

A bill of exceptions is found in the record, raising certain...