Williams v. Crutcher
Mississippi Supreme Court
ERROR from the circuit court of Yazoo. In Yazoo circuit court, February special term, 1888, Crutcher recovered a judgment against John M. Waskom, et al. On this judgment execution issued, which was bonded by defendants thereto with plaintiff in error as their surety, together with others.
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ERROR from the circuit court of Yazoo. In Yazoo circuit court, February special term, 1888, Crutcher recovered a judgment against John M. Waskom, et al. On this judgment execution issued, which was bonded by defendants thereto with plaintiff in error as their surety, together with others. The sheriff made the usual return .on the execution, of a levy on certain personal property of defendants, bond given with sureties for the delivery of the property levied on, at the day of sale, and that the bond was forfeited, and returned at same time with the execution, in pursuance of the statute. Ah…
1Opinion of the CourtJustice Tkottee
The question to be decided in this case, arises from the facts stated by the plaintiff in error, in the plea of non est factum, which was filed by him in the court below, The proceeding against him was on a forthcoming -bond, which .had beep executed by him and others, to H. L. Crutcher,' and he avers that the *76bond was signed and sealed by him in blank, as to the penalty and the amount of the execution under which it was taken, and that they were afterwards filled up without his knowledge, and that there was no redelivery thereof after this was done. The plaintiff below demurred to the plea,…
2Cases cited3 opinions
- United States v. NelsonU.S. Circuit Court for the District of Virginia · 1822
- Lockart v. RobertsCourt of Appeals of Kentucky · 1814
- Wiley v. MoorSupreme Court of Pennsylvania · 1828
3Cited by1 opinion
- Gilliam v. BrownMississippi Supreme Court · 1871