Simms, Billups & Co. v. Quinn
Mississippi Supreme Court
Error to the Circuit Court of Oktibbeha County. Hon. J. M. Arnold, Judge. The ease is sufficiently stated in the opinion of the court. Under the rule established by the Supreme Court in Gox v. Ross, 56 Miss. 485, it is intimated that the act of God or the king’s enemy would excuse the sheriff for neglecting to return an execution; but the facts and circumstances of this case do not present that contingency.
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Error to the Circuit Court of Oktibbeha County. Hon. J. M. Arnold, Judge. The ease is sufficiently stated in the opinion of the court. Under the rule established by the Supreme Court in Gox v. Ross, 56 Miss. 485, it is intimated that the act of God or the king’s enemy would excuse the sheriff for neglecting to return an execution; but the facts and circumstances of this case do not present that contingency. They present the excuse that Quinn relied upon the authority of the attorney Rogers for not making the return, when Rogers and Kilpatrick each swear positively that the attorney gave no…
1Opinion of the Court
Chalmkrs, C. J.,
delivered the opinion of the court. ■
This is an attempt by motion to make the sheriff of Oktibbeha County liable for the amount of a judgment for *225$16,000 because of his failure to return on the proper day a writ of venditioni exponas issued upon said judgment.
The sheriff had sold a small amount of property under the vendi, but had delayed until Saturday before the Monday on which the writ was returnable, to collect from the purchaser, Kilpatrick, the amount of his bid, $75.
On Saturday, Kilpatrick applied to the sheriff for indulgence until Tueschiy, which the sheriff declined…
2Cited by11 opinions
- Watson v. BoyettMississippi Supreme Court · 1928
- Bickham v. KosminskySupreme Court of Arkansas · 1905
- Skinner v. WilsonMississippi Supreme Court · 1883
- Hamilton v. Pan American Southern Corp.Supreme Court of Arkansas · 1964
- W. T. Rawleigh Co. v. FoxworthMississippi Supreme Court · 1943
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