Commercial Bank v. Coroner of Yazoo County
Mississippi Supreme Court
IN ERROR from the circuit court of the county of Yazoo. Trial before the Hon. M. L. Fitch, at the November Term, 1840. This was a motion in the court below to appropriate money to the satisfaction of elder judgments, which had been made on execution sale under a judgment younger in date. The motion was sustained, and writ of error taken to this court.
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IN ERROR from the circuit court of the county of Yazoo. Trial before the Hon. M. L. Fitch, at the November Term, 1840. This was a motion in the court below to appropriate money to the satisfaction of elder judgments, which had been made on execution sale under a judgment younger in date. The motion was sustained, and writ of error taken to this court. Several judgments were rendered in the circuit court of Yazoo county, at the suits of different plaintiffs, against James Buford and others. The judgments were rendered on different days, and some of them at different terms of the court. That in…
1Opinion of the CourtChief Justice Sharkey
It appears by the record in this case, that twelve executions were placed in the hands of the coroner, and by a levy and sale under one of them, he received the sum of thirty eight hundred dollars. The several executions are not set out at length in the bill of exceptions, and therefore constitute no part of the record, and still if the judgment is erroneous on its face it must be reversed.
It appears by the recital to the judgment, that the money was -made by a levy and sale under the plaintiff’s execution, but instead of adjudging it to the plaintiffs, the court ordered the money to be…
2Cited by1 opinion
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