Crane v. Bedwell
Mississippi Supreme Court
In error from the circuit court of Clarke county; Hon. W. P. Harris, judge. This was a motion made in the circuit court of Clarke county, to set aside an entry of satisfaction, made by a former sheriff upon a fieri facias, upon the ground that the return was false. The fieri facias was ..returnable to October term, 1847, of Clarke circuit court, and the motion was made at October term, 1848, one year after the return day of the writ.
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In error from the circuit court of Clarke county; Hon. W. P. Harris, judge. This was a motion made in the circuit court of Clarke county, to set aside an entry of satisfaction, made by a former sheriff upon a fieri facias, upon the ground that the return was false. The fieri facias was ..returnable to October term, 1847, of Clarke circuit court, and the motion was made at October term, 1848, one year after the return day of the writ. The proof shows, that the payment was made to Lee, then sheriff, before the execution was placed in his hands. Isham Moody proves the payment of the money to…
1Opinion of the CourtJustice Yerger
In October, 1846, a judgment was rendered in the circuit court of Clarke county, in favor of Crane against the defendants in error. On the 30th of April, 1847, an execution was issued on this judgment, and the sheriff returned that he had received on the same the amount of the principal, interest, and costs.
A motion was made to set aside that return, which was overruled by the court, and an order made.on motion of the defendants, entering satisfaction of the judgment.
The proof in the case is very clear, that the sheriff never received any money from the defendants in this suit, while he had…
2Cited by2 opinions
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