Rigby v. Whitten

This is the second appearance of this case in this court. When first here the action was sought to be maintained ag'ainst the chairman of the State Tax Commission, as well as against the sheriff, and was entitled Rigby v. Stone et al., and it was decided that there was no cause of action against any of the defendants. See Rigby v. Stone et al., 194 Miss. 775, 11 So. (2d) 823. On suggestion of error the prior decision was withdrawn so far as concerned the sheriff, and it was held that because the sheriff sold the property for which he held a warrant without giving the ten days’ notice “the…