Trotter v. Parker
Mississippi Supreme Court
Error to the Circuit Court of Clarke county. Hon. William M. Hancock, judge. The plaintiff in error entered a njotion in the court below against the sheriff of Clarke county and his surety, on his official bond, for the failure of the sheriff to pay to the plaintiff money collected under an execution in his favor and against Melancthon Smith, administrator of John S. Smith.
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Error to the Circuit Court of Clarke county. Hon. William M. Hancock, judge. The plaintiff in error entered a njotion in the court below against the sheriff of Clarke county and his surety, on his official bond, for the failure of the sheriff to pay to the plaintiff money collected under an execution in his favor and against Melancthon Smith, administrator of John S. Smith. This motion was made at the return term of the execution, and was based upon the following return made thereon by the sheriff: “ Levied this fi. fa. on two hundred and seven dollars and seventy-nine cents, money in my…
1Opinion of the CourtHandy, J.
This was a motion under the statute by the plaintiff in error against the defendant in error, for money collected by the latter as sheriff, upon an execution in favor of the plaintiff, and on which he had made return that he had levied the money. The motion was made against the sheriff and his surety on his bond; and after service of notice of it, the sheriff appeared at the return term of the motion, which was also the return term of the execution, and moved the court for leave to amend his return; which motion was granted, the plaintiff excepting. The return was thereupon amended by stating…
2Cases cited1 opinion
- Bass v. HeardMississippi Supreme Court · 1857
3Cited by3 opinions
- Jeffries v. RudloffSupreme Court of Iowa · 1887
- Burleson v. MilanMississippi Supreme Court · 1879
- Howard v. PriestlyMississippi Supreme Court · 1880