Morin v. Bailey
Mississippi Supreme Court
Error to the Circuit Court of Montgomery County. ' Hon. William Coti-iran, Judge. The case is stated in the opinion of the court. Any person entitled to the immediate possession of property wrongfully detained from him can bring an action of' replevin for its recovery against an officer or a private individual. Moselyv. Anderson, 40 Miss. 49; Freyellv.
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Error to the Circuit Court of Montgomery County. ' Hon. William Coti-iran, Judge. The case is stated in the opinion of the court. Any person entitled to the immediate possession of property wrongfully detained from him can bring an action of' replevin for its recovery against an officer or a private individual. Moselyv. Anderson, 40 Miss. 49; Freyellv. Whitef 5 Cushm. 201; Lloyd v. Goodwin, 12 Smed. & M. 229 ; Yarborough v. Harper, 3 Cushm. 112; Hopkins v. Drake, 44 Miss. 619; Code 1871, sec. 1528. An action of replevin can: be brought by a third person against a sheriff who has levied an…
1Opinion of the CourtSimrall, C. J.
The admitted facts are that a writ of garnishment was issued by the clerk of the Circuit Court, founded on a judgment recovered by the New Orleans Insurance Company against A. Morin, directed to the Southern Express Compairy, and served on its agent, Thomas Y. Bailey, the defendant in this suit, at which time there was a package of money ($100) in the hands of Bailey, agent, addressed to A. Morin. Subsequent to the service of the writ, J. Morin, claiming to be the real *573owner of the package, tendered the charges thereon and demanded the same, and, on refusal, brought replevin against Bailey. A…
2Cases cited4 opinions
- Pangburn v. PatridgeNew York Supreme Court · 1810
- Ford v. DyerMississippi Supreme Court · 1853
- Yarborough v. HarperMississippi Supreme Court · 1852
- Griswold v. SimmonsMississippi Supreme Court · 1874
3Cited by1 opinion
- Fewell v. American Surety Co.Mississippi Supreme Court · 1902