Seavy v. Bennett
Mississippi Supreme Court
Appeal from the Chancery Court of Lincoln County. Hon. Laugh McLauein, Chancellor. Prior to the institution of this suit J. W. Bennett became the assignee of a certain judgment against one Sutton. This judgment was rendered against Sutton on July 27, 1876, and was duly enrolled. On August 14, 1876, an execution was issued thereon. On June 10, 1879, another execution was issued on this judgment, and on the same day returned “ nulla bona.”
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Appeal from the Chancery Court of Lincoln County. Hon. Laugh McLauein, Chancellor. Prior to the institution of this suit J. W. Bennett became the assignee of a certain judgment against one Sutton. This judgment was rendered against Sutton on July 27, 1876, and was duly enrolled. On August 14, 1876, an execution was issued thereon. On June 10, 1879, another execution was issued on this judgment, and on the same day returned “ nulla bona.” Thereupon, on the same day, June 10, 1879, the clerk issued an execution for costs against the plaintiffs in the judgment. The effect of the evidence in…
1Opinion of the CourtCampbell, J.
It is manifest that the execution issued June 10, 1879, was not at the instance or for the benefit of the plaintiffs in the judgment, but was the act of the clerk, and intended by him as the basis for an execution for costs against the plaintiffs, and it was not an execution in the meaning of § 2674 of the Code of 1880 (§2153 of Code of 1871), the date of which fixed the time from which to compute the seven years allowed for the issuance of another execution, Harris v. West, 25 Miss. 156.
The last preceding execution on such judgment was issued August 14, 1876, and, as more than seven years…
2Cases cited1 opinion
- Harris v. WestMississippi Supreme Court · 1852
3Cited by1 opinion
- Jackson v. ScanlandMississippi Supreme Court · 1888