S. Bernheimer & Sons v. Martin
Mississippi Supreme Court
Prom the circuit court of Claiborne county. Hon. Ralph North, Judge. The property in' controversy, eleven bales of cotton, valued at four hundred dollars, was seized by the appellee, J. P. Martin, as constable, under an execution issued by a justice of the peace, directed to him and returnable before the justice. This action of replevin was brought in the circuit court against said officer by the appellants, Bernheimer & Sons, who claim to be owners of the cotton.
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Prom the circuit court of Claiborne county. Hon. Ralph North, Judge. The property in' controversy, eleven bales of cotton, valued at four hundred dollars, was seized by the appellee, J. P. Martin, as constable, under an execution issued by a justice of the peace, directed to him and returnable before the justice. This action of replevin was brought in the circuit court against said officer by the appellants, Bernheimer & Sons, who claim to be owners of the cotton. Their contention is that they could not interpose a claim to the property to be tried before the justice, because its value…
1Opinion of the CourtCampbell, J.
The court properly dismissed the action of replevin because the *489plaintiff could have interposed a claim to the cotton, as provided by | 2227 of the code, and therefore had no right to the action of replevin. Code, § 2633. The proposition that the justice of the peace, under whose process the cotton was seized and held, when the action of replevin was instituted, could not try a claim to the -cotton interposed by a third person, because the value of the cotton exceeded his jurisdiction, is not maintainable. An execution issued by‘ a justice of the peace may be levied on property of any value,…
2Cases cited3 opinions
- Martin v. HarveyMississippi Supreme Court · 1877
- Clark v. ClintonMississippi Supreme Court · 1883
- Smith v. NewlonMississippi Supreme Court · 1884
3Cited by2 opinions
- Scott v. McGrawWashington Supreme Court · 1892
- Standard Finance Corp. v. BrelandMississippi Supreme Court · 1964