W. T. Rawleigh Co. v. Foxworth

The question for decision in this case is whether the reasons shown herein for the failure of appellee, Fox-worth, as sheriff, to return an execution to the return term of the circuit court is such a reason as will relieve him of the penalty imposed for such failure by Section 3317, Code of 1930.

On May 6, 1941, Rawleigh Company, Inc., plaintiff-appellant, procured a judgment in the circuit court of Marion County, Mississippi, against Levi Johnson, G. H. Sartin and Enoch Pittman for $246.29 and costs.

On August 19,1941, execution issued on that judgment, returnable September 15th, and was…