Lewis v. Garrett's Administrators
Mississippi Supreme Court
IN ERROR. This was a motion in the Wilkinson, circuit court against William T. Lewis, as sheriff, and the other plaintiffs in error as the sureties on his official bond, to recover the full amount of an execution, with interest at the rate of thirty per centum per annum, according to the statute, and was-grounded on the return of the sheriff, Lewis, on the execution, which was in the following-words, “not levied to April, 1839,” and signed by “W. T. Lewis, sheriff.”
Read the full summary
IN ERROR. This was a motion in the Wilkinson, circuit court against William T. Lewis, as sheriff, and the other plaintiffs in error as the sureties on his official bond, to recover the full amount of an execution, with interest at the rate of thirty per centum per annum, according to the statute, and was-grounded on the return of the sheriff, Lewis, on the execution, which was in the following-words, “not levied to April, 1839,” and signed by “W. T. Lewis, sheriff.” After hearing the parties, the court rendered a judgment for the full amount of the execution, and the rate of interest allowed…
1Opinion of the Court
Opinion of the court by
Mr. Justice Tkottuh:
The act of the legislature provides «that if any sheriff, &c. shall make return upon any writ of fieri facias, &c.-that he hath levied the debt, damages, &c., and shall not immediately pay the same to the party to whom the same is payable, or his attorney, &c., or shall make any other return upon any such execution,. as will show that such sheriff, hath voluntarily, and without authority omitted to levy the same, or as would entitle the plaintiff to recover from such sheriff, &c., by action of debt, the debt, damages or costs, in such execution…
2Cases cited3 opinions
- Harrison v. ChilesCourt of Appeals of Kentucky · 1823
- Rudisill v. SillIndiana Supreme Court · 1837
- Commonwealth ex rel. Taylor v. BradleyCourt of Appeals of Kentucky · 1822