Smith v. Boykin
Mississippi Supreme Court
Appeal from the decision of Hon. W. G. Phelps, Chancellor of the Fourth District of Mississippi, on habeas corpus, discharging Ed. Boykin from the custody of C. H. Smith, contractor for prisoners in Washington County. On a petition, sworn to by Harry Sloss in behalf of Ed.
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Appeal from the decision of Hon. W. G. Phelps, Chancellor of the Fourth District of Mississippi, on habeas corpus, discharging Ed. Boykin from the custody of C. H. Smith, contractor for prisoners in Washington County. On a petition, sworn to by Harry Sloss in behalf of Ed. Boy-kin, which alleged that the latter was illegally held by C. H. Smith, the writ was issued to the sheriff, who took the prisoner and brought him before the Chancellor, and cited Smith, who answered, that as county contractor he held him by virtue of a conviction of petit larceny before a justice of the peace. The…
1Opinion of the CourtCampbell, C. J.
Boykin had the right to appeal to the next term of the circuit court, and, on compliance with §2355 of the Code of 1880, to be discharged from the custody of the county contractor, but he had not entered into bond or recognizance and his discharge by the *112Chancellor was improper. The appeal-bond was'not executed by Boykin, and Anderson, the surety on whose signature the justice of the peace approved the bond, had caused his name to be erased before it became the bond of Boykin, and although he might have perfected his appeal at any time, and that would have entitled him to a discharge by…
2Cited by4 opinions
- Riley v. Town of LambertCourt of Appeals of Mississippi · 2003
- Little v. WilsonMississippi Supreme Court · 1940
- Mitchell v. ParkerCourt of Appeals of Mississippi · 2001
- Ex parte GrubbsMississippi Supreme Court · 1902