Dailey v. State
Mississippi Supreme Court
ERROR to the Circuit Court of Tate County. Hon. Samuel Powell, Judge. A statement of the case appears in the opinion of the court. 1. The executions should have been excluded, upon the motion of the plaintiff in error. Moore v. MoOlief, 16 Ohio St. 50. Sect. 225, Code of 1871, expressly limits such actions to cases where such executions are legally issued. This must have been intended to cover cases of voidable and irregular executions.
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ERROR to the Circuit Court of Tate County. Hon. Samuel Powell, Judge. A statement of the case appears in the opinion of the court. 1. The executions should have been excluded, upon the motion of the plaintiff in error. Moore v. MoOlief, 16 Ohio St. 50. Sect. 225, Code of 1871, expressly limits such actions to cases where such executions are legally issued. This must have been intended to cover cases of voidable and irregular executions. In two of the cases the judgments on which the executions were issued were void. For failure to return these the sheriff was not liable. -Freem. on Ex. 103;…
1Opinion of the CourtChalmers, J.
This was a suit upon a sheriff’s bond, under sect. 225 of the Code of 1871, to recover damages for a failure of duty in returning eight executions issued upon judgments rendered in a justice’s court. One of the executions was never returned; the other seven were returned after the proper return-day.
The sheriff (defendant below, plaintiff here) sought to escape liability, upon the ground that the executions were void by reason of irregularities patent upon their faces, and •because of the invalidity of the judgments upon which they were based, and upon the further ground that the defendants in…
2Cases cited3 opinions
- Hunt v. LoucksCalifornia Supreme Court · 1869
- Jackson ex dem. Ten Eyck v. WalkerNew York Supreme Court · 1830
- Brace v. ShawCourt of Appeals of Kentucky · 1855
3Cited by4 opinions
- Union Motor Car Co. v. CartledgeMississippi Supreme Court · 1923
- McIntosh v. Munson Road MacHinery Co.Mississippi Supreme Court · 1933
- Jett v. ShinnSupreme Court of Arkansas · 1886
- Bank of Hickory v. MayMississippi Supreme Court · 1918