State ex rel. Barnett v. Dalton
Mississippi Supreme Court
From the circuit court of Prentiss county. Hon. Lock E. Houston, J udge. Action by J. T. Barnett against appellees, A. J. Dalton and the sureties on his bond as sheriff- of Prentiss county. The declaration alleges, as a breach of the bond, that the sheriff- had levied an attachment in favor of Barnett against one Maxwell on a certain stock of goods, and that the same was destroyed by fire through the negligence of the defendant, Dalton, whereby plaintiff lost his debt.
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From the circuit court of Prentiss county. Hon. Lock E. Houston, J udge. Action by J. T. Barnett against appellees, A. J. Dalton and the sureties on his bond as sheriff- of Prentiss county. The declaration alleges, as a breach of the bond, that the sheriff- had levied an attachment in favor of Barnett against one Maxwell on a certain stock of goods, and that the same was destroyed by fire through the negligence of the defendant, Dalton, whereby plaintiff lost his debt. There was a plea of general issue .and notice of special matter in defense. Briefly stated, the material facts, as shown on…
1Opinion of the CourtWoods, J.
We fail to discover an}? merit in the position of the appellees, as to the supposed interference of the appellant, or his *617agent or attorney, in the matter of the appointment of the deputy, Kimball, and the consequent release from liability of the sheriff' because of the alleged negligence of this deputy. It is not unreasonable intervention for the plaintiff in a suit to express a desire to have some one levy the process, and discharge other duties imposed by law upon the sheriff, who is familiar with and competent for such official work. Not only is this not such intervention in the discharge…
2Cited by5 opinions
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