Gibson v. Lock
Mississippi Supreme Court
Error to the Circuit Court of Leflore County. Hon. William Coti-iran, Judge. The case is stated in the opinion of the court. Sect. 1631 of the Code of 1871 refers alone to the means for obtaining possession of the attached property ; it does not impair any other remedy. ‘ • Sect. 1438 authorizes the sheriff to demand bonds of indemnity, to save him harmless, whenever any writ of attachment is placed in his hands.
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Error to the Circuit Court of Leflore County. Hon. William Coti-iran, Judge. The case is stated in the opinion of the court. Sect. 1631 of the Code of 1871 refers alone to the means for obtaining possession of the attached property ; it does not impair any other remedy. ‘ • Sect. 1438 authorizes the sheriff to demand bonds of indemnity, to save him harmless, whenever any writ of attachment is placed in his hands. No distinction is made between the various writs ; it says any writ of attachment. Under sect. 1631 we find a remedy for recovering the possession of specific property ; it is a…
1Opinion of the CourtGeorge, J.
Lock & Smith sued out a distress for rent against L. Z. Gibson, their tenant, and the same was levied on some personal property on the demised premises. The sheriff demanded an indemnifying bond from Lock & Smith, which was given. The property was sold by the sheriff, and the proceeds applied to the payment of the rent. The plaintiff in error, the wife of said tenant, brought this action on the indemnifying bond, claiming that she was the owner of the property thus seized and sold, 'and seeking a recovery of its value. A demurrer was sustained to the declaration, and we think properly. At…
2Cases cited1 opinion
- Kendrick v. WatkinsMississippi Supreme Court · 1877
3Cited by2 opinions
- Paine v. Hall Safe & Lock Co.Mississippi Supreme Court · 1886
- Shuler v. L. Grunewald Co.Mississippi Supreme Court · 1917