Brown v. Thomas
Mississippi Supreme Court
In error from the circuit court of Monroe county; Hon. R M. Rogers, judge. Timothy R. Thomas, late a constable of Monroe county, brought suit, for the use of A. Campbell, in an action of trespass against Joseph Brown, in the circuit court.
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In error from the circuit court of Monroe county; Hon. R M. Rogers, judge. Timothy R. Thomas, late a constable of Monroe county, brought suit, for the use of A. Campbell, in an action of trespass against Joseph Brown, in the circuit court. W. H. Duke recovered a judgment in the justices’ court of said county, against E. Adams, for $42; and which execution, without any return day specified in it, was issued, and placed in the hands of said Thomas, as constable, and by him levied on seventeen thousand staves, as the property of Adams. The staves, it is averred, were removed after they were…
1Opinion of the Court
Mr. Justice .Handy
delivered the opinion of the court.
This was an action of trespass brought by Thomas, as constable, for the use of one Campbell, against the plaintiff in error, to recover damages for a quantity of staves levied on by Thomas and in his custody, as constable, under an execution, and alleged to have been taken from him by the plaintiff in error.
On the trial below, several questions were raised, some of which only are deemed necessary to be decided by this court.
*337First. It is objected that Thomas, the plaintiff below, who was permitted to testify as a witness for the plaintiff,…
2Cases cited1 opinion
- Savacool v. BoughtonNew York Supreme Court · 1830
3Cited by4 opinions
- Roof v. Chattanooga Wood Split Pulley Co.Supreme Court of Florida · 1895
- Willis v. BurchSupreme Court of Georgia · 1902
- Kansas City, Memphis & Birmingham Railroad v. CantrellMississippi Supreme Court · 1892
- Gunst v. DavisMichigan Supreme Court · 1922