Cazeneuve v. Curell
Mississippi Supreme Court
From the chancery court of Hancock county. Hon. W. T. Houston, Chancellor. The appellee filed her bill in the chancery court of Hancock county against J. F. Cazeneuve, sheriff of said county, and tbe sureties on his official bond, alleging that the sheriff, under a writ of attachment against J. T. Villars for $290.87, levied on certain personal property of complainant of the value of $1,825, taking the same into his possession; that the levy was wanton, oppressive, and…
Read the full summary
From the chancery court of Hancock county. Hon. W. T. Houston, Chancellor. The appellee filed her bill in the chancery court of Hancock county against J. F. Cazeneuve, sheriff of said county, and tbe sureties on his official bond, alleging that the sheriff, under a writ of attachment against J. T. Villars for $290.87, levied on certain personal property of complainant of the value of $1,825, taking the same into his possession; that the levy was wanton, oppressive, and excessive; that the property was, by the sheriff, for safe-keeping, placed, in a house which was burned, and the property so…
1Opinion of the CourtWoods, J.
The record shows that this suit is really an action of trespass brought in a court of equity. The recovery is sought for an oppressive and excessive levy made by a sheriff of a writ of attachment, and is purely an action for damages for a trespass.
Sectiou 161 of the constitution does not confer jurisdiction .in cases of this character upon chancery courts. That section confers jurisdiction on chancery courts, concurrent with the circuit courts, “of suits on bonds of fiduciaries and public officers for failure to account for money or property received, or wasted or lost by neglect or failure…
2Cited by17 opinions
- Tillotson v. AndersMississippi Supreme Court · 1989
- Penrod Drilling Co. v. BoundsMississippi Supreme Court · 1983
- McLean v. GreenMississippi Supreme Court · 1977
- Matthews v. ThompsonMississippi Supreme Court · 1957
- Talbot & Higgins Lumber Co. v. McLeod Lumber Co.Mississippi Supreme Court · 1927
12 more not listed; retrieve them via the Exa API.