Towns v. Boarman
Mississippi Supreme Court
IN .error from the circuit court of Hinds county; Hon. t'George .Coalter, judge. This is an action of replevin brought by Towns et al. against Boarman, for certain goods and chattels which had been at-tadhed for rent, at the suit of Boarman. The plaintiffs, on petition, sued out a regular writ of replevin from the Hinds county circuit court, and upon the plaintiffs’ giving bond, the property attached was restored to them.
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IN .error from the circuit court of Hinds county; Hon. t'George .Coalter, judge. This is an action of replevin brought by Towns et al. against Boarman, for certain goods and chattels which had been at-tadhed for rent, at the suit of Boarman. The plaintiffs, on petition, sued out a regular writ of replevin from the Hinds county circuit court, and upon the plaintiffs’ giving bond, the property attached was restored to them. At the return term of the writ of replevin, Charlotte Towns, one of the plaintiffs in replevin, pleaded that she was a married woman, and prayed judgment that the attachment…
1Opinion of the CourtChief Justice Smith
The attachment for rent in arrear and unpaid, which may be sued out by a lessor against his tenant, under the provisions of the act for the better securing the payment of rent, &c., (Hutch. Code, 808, § 1,) is not the commencement of a suit, which it is designed should be tried in any of the courts of the state. The writ of attachment is simply a mandate directed to the sheriff, which any justice of the peace, upon a proper showing, is authorized to award, by which he is required to distrain the goods and chattels of the tenant, or so much thereof, as may be sufficient to satisfy the rent…
2Cited by5 opinions
- Biddle v. PaineMississippi Supreme Court · 1896
- Smith v. JonesMississippi Supreme Court · 1887
- Maxey v. WhiteMississippi Supreme Court · 1876
- Mason v. O'BrienMississippi Supreme Court · 1869
- American Dock & Improvement Co. v. Trustees for Support of Public SchoolsNew Jersey Court of Chancery · 1880