Redus v. State ex rel. Bowdry
Mississippi Supreme Court
Error to the Circuit Court of Prentiss County. Hon. J. A. GreeN, Judge. 1. The sheriff was not liable, if he proved that the property was exempt or not liable to execution, although he took no bond of indemnity. Taylor v. Wimer, 30 Mo. 129 ; Bell v. Commonwealth, 1 J. J. Marsh. 553. 2. The failure to prove the value of the property is fatal.
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Error to the Circuit Court of Prentiss County. Hon. J. A. GreeN, Judge. 1. The sheriff was not liable, if he proved that the property was exempt or not liable to execution, although he took no bond of indemnity. Taylor v. Wimer, 30 Mo. 129 ; Bell v. Commonwealth, 1 J. J. Marsh. 553. 2. The failure to prove the value of the property is fatal. The amount of the recovery to which the plaintiff is entitled in a case like this, is the value of the property and interest. 3. The judgment in the Justice’s Court was void, no process or other papers being on file ; and so the sheriff was not bound to…
1Opinion of the Court
Si mu all, 0. J.,
delivered the opinion of the court.'
This suit was1 brought by the usée,W. S. Bowdry, against L. W. Redus, late sheriff of Prentiss County, and the sureties on his official bond, alleging, as cause of action, the failure of Redus to levy upon and sell the property of W. S. Ragan, to satisfy an execution in his bands as sheriff, founded on a judgment in favor of. the plaintiff, obtained before a justice of the peace. The testimony adduced on the trial tended to prove that Bowdry pointed out to the sheriff about twelve hundred pounds of cotton in the seed, corn in a crib, not…
2Cases cited4 opinions
- Commonwealth v. WatmoughSupreme Court of Pennsylvania · 1841
- Moseley v. AndersonMississippi Supreme Court · 1866
- Smith v. AllenMississippi Supreme Court · 1860
- Swain v. AlcornMississippi Supreme Court · 1874