Pate v. Shannon
Mississippi Supreme Court
From the circuit court of Calhoun county. Hon. C. H. Campbell, Judge. J. B. Pate made affidavit before a justice of the peace of Yalobusha county that J. A. Shannon was indebted to him for rent, on land alleged to be situated in said county. On this affidavit, a warrant for distress was issued by a justice of the peace of Calhoun county; and the warrant, as well as the boud, recited that the leased premises were in Calhoun county.
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From the circuit court of Calhoun county. Hon. C. H. Campbell, Judge. J. B. Pate made affidavit before a justice of the peace of Yalobusha county that J. A. Shannon was indebted to him for rent, on land alleged to be situated in said county. On this affidavit, a warrant for distress was issued by a justice of the peace of Calhoun county; and the warrant, as well as the boud, recited that the leased premises were in Calhoun county. Certain cotton having been distrained under said warrant, Shannon replevied, gave bond for the property and caused Pate, the landlord, to be summoned before a…
1Opinion of the CourtCooper, J.
There is no error in the action of the court below, either in refusing the defendant leave to amend the affidavit upon which the distress warrant was sued out, or in quashing the warrant upon motion of the plaintiff.
A distress for rent is not a judicial proceeding, for it is returnable to no court in a pending suit, and serves only as authority to the officer to do what the landlord at common law could do for himself. Its legality rests upon conformity tó the statute by the landlord in making the required affidavit and bond.
If, upon property being seized, the tenant, or a third person,…
2Cases cited2 opinions
- Hollingsworth v. WillisMississippi Supreme Court · 1886
- Dudley v. HarveyMississippi Supreme Court · 1881
3Cited by2 opinions
- Barlow v. SerioMississippi Supreme Court · 1922
- Irby v. CoreyCourt of Appeals for the Fifth Circuit · 1938