Dudley v. Harvey
Mississippi Supreme Court
Appeal from the Circuit Court of Sharkey County. Hon'. B. F. Trimble, Judge. Upon the appellee’s affidavit and bond, made Nov. 13, 1880, for a prospective indebtedness to her of land rent, a writ of attachment was issued and levied on cotton, which the appellant replevied. His declaration demanded damages for the taking and detention.
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Appeal from the Circuit Court of Sharkey County. Hon'. B. F. Trimble, Judge. Upon the appellee’s affidavit and bond, made Nov. 13, 1880, for a prospective indebtedness to her of land rent, a writ of attachment was issued and levied on cotton, which the appellant replevied. His declaration demanded damages for the taking and detention. The appellee avowed the taking, but averred that the cotton was rightfully seized under the attachment which issued upon her affidavit, wherein she claimed rent of the plaintiff, due on Nov. 15, 1880, under a written lease for that year, and also averred, in the…
1Opinion of the CourtCampbell, J.
The statute (§ 1304 of the Code of 1880) entitles the landlord to an attachment for rent before it “ will fall due,” on his making the prescribed oath and giving the bond required. Making oath and giving bond as required are conditions precedent to the issuance of the attachment, without which it will be illegal, and will-not be a justification for taking goods of the tenant. In defence of replevin by the tenant for the goods seized, the landlord can justify the seizure only by an attachment for rent duly obtained according to law, and if he fails to do this, the plaintiff in the replevin…
2Cited by3 opinions
- Smith v. JonesMississippi Supreme Court · 1887
- Pate v. ShannonMississippi Supreme Court · 1891
- Payne v. StovallMississippi Supreme Court · 1890