Young v. Pickens & Green
Mississippi Supreme Court
Ebbob to the circuit court of Pontotoc county. The facts appear in the opinion of the court. The court below could not render a valid judgment in favor of a plaintiff, who, at the time of the rendition thereof, was dead. Revised Code, 486, art. 51. The surety was liable, to the extent of the value of the property replevied alone. It was error not to have this value assessed by a jury.
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Ebbob to the circuit court of Pontotoc county. The facts appear in the opinion of the court. The court below could not render a valid judgment in favor of a plaintiff, who, at the time of the rendition thereof, was dead. Revised Code, 486, art. 51. The surety was liable, to the extent of the value of the property replevied alone. It was error not to have this value assessed by a jury. Richard v. Mooney, 39 Miss. 357. The defendant in attachment, and sureties on his replevin bond, occupy the position of sheriff, and incur no liability, unless from negligence. Trotter v. White, 26 Miss. 93;…
1Opinion of the Court
Tabbell, J.:
F. P. Freeman, as the agent of Pickens & Green, merchants, obtained an attachment in their favor, against the property of P. P. Cahners, in 1860, upon an alleged indebtedness of the latter to Pickens & Green, of $1,152 60. By virtue of the attachment the sheriff levied upon two slaves, the property of Calmers, of the aggregate value of $1,800, November 22, 1860. On the same day the slaves were *555returned to Calmers, upon the execution of a forthcoming bond by him, with Wm. Young, the plaintiff in error, as his surety. The declaration of plaintiff was filed in 1861. In 1866- the…
2Cited by4 opinions
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- Gladdis v. CleggMississippi Supreme Court · 1918