Beall v. Shattuck
Mississippi Supreme Court
Error to the Circuit Court of Colfax County. Hon. J. A. Orr, Judge. This was a proceeding under Code 1871,. § 227, against A. A. Shattuck, Sheriff of Colfax County, and B. W. Millen, William Mixon and A. P. Shattuck, sureties on his official bond, for failure to return an execution to him directed on the return day thereof.
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Error to the Circuit Court of Colfax County. Hon. J. A. Orr, Judge. This was a proceeding under Code 1871,. § 227, against A. A. Shattuck, Sheriff of Colfax County, and B. W. Millen, William Mixon and A. P. Shattuck, sureties on his official bond, for failure to return an execution to him directed on the return day thereof. The statute provides, “If any sheriff, coroner or other officer shall fail to return any execution to him directed, on the return day thereof, the plaintiff in such execution shall be entitled to recover judgment against such sheriff, coroner or other officer, and their…
1Opinion of the CourtCampbell, J.
Fred Beall moved against the sheriff and sureties on his bond to recover of them the amount of an execution, and interest and damages, with costs, because said sheriff failed to return said execution on the return-day thereof. On trial of the motion it appeared that the execution had not been returned by the sheriff to the clerk of the court from which it was issued, but that prior to the return-day the deputy of said sheriff had made an indorsement of nulla bona on said execu*362tion ; that it was put in the sheriff’s desk, which during the term was in the same room in which the court was held,…
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