Giegolt v. Joor
Mississippi Supreme Court
Appeal from the Circuit Court of Sharkey County. Hon. B. F. Trimble, Judge. The case is stated in the opinion of the court. filed a brief, discussing fully the merits of the case, but it is not deemed proper to report the same here, as the opinion of the court is based exclusively upon a question of practice, raised in this court by the appellee after the filing of the brief for the appellant.
Read the full summary
Appeal from the Circuit Court of Sharkey County. Hon. B. F. Trimble, Judge. The case is stated in the opinion of the court. filed a brief, discussing fully the merits of the case, but it is not deemed proper to report the same here, as the opinion of the court is based exclusively upon a question of practice, raised in this court by the appellee after the filing of the brief for the appellant. Under the issue joined it became necessary for the plaintiff to prove, (1) that he was in a position to claim the benefit of the exemption laws; (2) that the property levied on and sold was his, and (3)…
1Opinion of the CourtChalmers, J.
Plaintiff sued the defendant, sheriff, for damages for having sold his two exempt mules under execution.
The legal question decided below and argued here is this : Where a defendent in execution is the owner of more personal property than the law exempts, and the officer, not knowing which portion the debtor proposes to select, levies upon the whole; must the debtor point out the particular portion he desires to preserve, or is it sufficient that he notifies the officer generally that he claims his exemptions, and can he thereafter hold him liable if he sells the whole ?
*819The court below held…
2Cases cited1 opinion
- Preston v. StateMississippi Supreme Court · 1872
3Cited by1 opinion
- Grand Court v. DownsMississippi Supreme Court · 1910