Legal Opinion

Cassedy v. Mayer

Mississippi Supreme Court

Decided October 15, 1886PublishedCited by 1 opinion

Appeal from the Circuit Court of Franklin County. HoN. J. B. CheismaN, Judge. W. P. Cassedy made an affidavit before a justice of the peace of Pike County for an attachment for rent to become due by C. J. Monroe for certain lands situated in Franklin County. On this affidavit an attachment was issued under § 1302, Code of 1880, by a justice of the peace in Franklin County, and was levied on certain personal property. H. C. Mayer interposed a claim to the property.

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Appeal from the Circuit Court of Franklin County. HoN. J. B. CheismaN, Judge. W. P. Cassedy made an affidavit before a justice of the peace of Pike County for an attachment for rent to become due by C. J. Monroe for certain lands situated in Franklin County. On this affidavit an attachment was issued under § 1302, Code of 1880, by a justice of the peace in Franklin County, and was levied on certain personal property. H. C. Mayer interposed a claim to the property. The claimant’s issue was decided by the justice of the peace in favor of the plaintiff, Cassedy, and the claimant, Mayer, appealed…

1Opinion of the CourtArnold, J.

The court erred in quashing the affidavit and dismissing the cause. A construction of § 1302 of the code is too strict and literal, which requires that the affidavit for an attachment for rent shall be made before the same officer who issues the writ or before an officer in the same county in which the writ is to run. All that is material as to the affidavit in such case is, that it shall contain what the law requires and be sworn to before an officer competent to administer oaths. Griffing v. Mills, 40 Miss. 611; Reinhardt v. Carter, 49 Ib. 315.

Justices of the peace are among the officers…

2Cases cited1 opinion

  1. Griffing v. MillsMississippi Supreme Court · 1866

3Cited by1 opinion

  1. Parker v. McCaskey Register Co.Mississippi Supreme Court · 1936

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