Weathersby v. Sleeper
Mississippi Supreme Court
Error to the Circuit Court of Annite county. Hon. James M. Smiley, judge. The statute in reference to a bond is merely directory. The defendant has the preference, and no time is specified; but if he does not choose to execute a bond and retain possession of the property, the plaintiff can then execute a bond and gain possession.
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Error to the Circuit Court of Annite county. Hon. James M. Smiley, judge. The statute in reference to a bond is merely directory. The defendant has the preference, and no time is specified; but if he does not choose to execute a bond and retain possession of the property, the plaintiff can then execute a bond and gain possession. The object of a bond is, that should either party desire possession of the property pendente lite, there would be security that the property would be forthcoming upon determination of the suit; and this object is certainly more fully accomplished by the property…
1Opinion of the CourtPkyton, J.
In an action of replevin, the plaintiff in error obtained judgment in the County Court of Amite county against the defendants in error, for a steam saw and grist mill, with the engine, boilers, and timber-wheels. Upon the trial of the cause, the defendants moved the court to nonsuit the plaintiff, for the reason that the sheriff had not returned a bond with the writ of replevin, as the statute requires. The motion was overruled by the court, and judgment rendered as aforesaid. Erom this judgment the case was taken to the Circuit Coui’t by ap*737peal, and that court reversed the jiidgment of the…
2Cases cited2 opinions
- Lyles v. BarnesMississippi Supreme Court · 1866
- Lester v. HarrisMississippi Supreme Court · 1868
3Cited by18 opinions
- Simmons v. Bank of MississippiMississippi Supreme Court · 1992
- Little v. WillfordSupreme Court of Minnesota · 1883
- Cadenasso v. AntonelleCalifornia Supreme Court · 1899
- Waldauer v. ParksMississippi Supreme Court · 1926
- Connolly v. McLeodMississippi Supreme Court · 1951
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