Forbes & Beck v. Navra
Mississippi Supreme Court
Appeal from the Circuit Court of Warren County. Hon. Ralph North, Judge. ‘ On the 27th of June, 1881, Forbes & Beck sued out before a justice of the peace an attachment against John H. Brereton, returnable to the circuit court.
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Appeal from the Circuit Court of Warren County. Hon. Ralph North, Judge. ‘ On the 27th of June, 1881, Forbes & Beck sued out before a justice of the peace an attachment against John H. Brereton, returnable to the circuit court. The writ was levied by a constable upon two hundred and eighty-six tiers of cypress timber, valued at three dollars per tier, and was then delivered by him with his return thereon and also the property seized to the sheriff of the county, R. F. Beck, who was one of the plaintiffs in the suit. Afterward, A. Navra, by affidavit, claimed one hundred and eighty-six tiers…
1Opinion of the CourtCooper, C. J.
The bonds executed by the claimant, Navra, and by the defendant are not invalid by reason of the fact that they were accepted by Beck, the sheriff, who was a member of the firm by whom the attachment was sued out. It is true, as has been decided in Dyson v. Baker, 54 Miss. 351, that a sheriff cannot execute process in. his own case, but that was not done in this case. The writ had been properly executed by the constable, and the property attached was in custodia legis by virtue of his action with the writ. The defendant and the claimant sought and obtained a surrender of the property, which…
2Cases cited2 opinions
- Wasson v. ConnorMississippi Supreme Court · 1877
- McKinney v. GreenMississippi Supreme Court · 1876
3Cited by5 opinions
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- Wilson v. Town of HandsboroMississippi Supreme Court · 1911
- Spears v. RobinsonMississippi Supreme Court · 1894
- Hawkins v. HawkinsMississippi Supreme Court · 1950
- Countiss v. LeeMississippi Supreme Court · 1931