State v. Ricketts
Mississippi Supreme Court
From the chancery court of Carroll county. Hon. T. B. Graham, Chancellor. The appellees, D. P. Ricketts, Sr., and Marcus Askew, exhibited this bill, seeking to enjoin the sheriff of Carroll county from levying execution issued upon a final judgment against them as sureties upon a bail bond.
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From the chancery court of Carroll county. Hon. T. B. Graham, Chancellor. The appellees, D. P. Ricketts, Sr., and Marcus Askew, exhibited this bill, seeking to enjoin the sheriff of Carroll county from levying execution issued upon a final judgment against them as sureties upon a bail bond. The bill contains the following allegations: That complainants became sureties for the appearance of D. P. Ricketts, Jr., before the circuit court of Grenada county, to answer the state upon a charge of grand larceny; that at the next term of the said court, their principal failing to appeal’, a judgment…
1Opinion of the CourtCooper, J.
The injunction should have been dissolved. The recital in the judgment nisi that Ricketts and his sureties had bound themselves by a recognizance instead of a bail bond was, at most, an irregularity, assignable for error on appeal, and not affecting the validity of the judgment in a collateral attack.
The seire facias was not void because of the fact that the parties were cited to appear at the “ next term of the circuit court to be held in Grenada, in the county of Grenada, on the-Monday of January, 1888.” The law fixed the date for the beginning of said term, and the appellees were…
2Cases cited2 opinions
- Jones v. CokerMississippi Supreme Court · 1876
- Lore v. McRaeSupreme Court of Alabama · 1847
3Cited by1 opinion
- United States v. EwingDistrict Court, N.D. Mississippi · 1927