Farrand Co. v. Huston
Mississippi Supreme Court
Appeal from the circuit court of Neshoba County. Hon. C. L. Dobbs, Judge. Suit by H. A. Huston against John Black and others in which the Farrand Company filed an affidavit, alleging that the property levied on belonged to it. From a judgment quashing the affidavit, the claimant, appeals.
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Appeal from the circuit court of Neshoba County. Hon. C. L. Dobbs, Judge. Suit by H. A. Huston against John Black and others in which the Farrand Company filed an affidavit, alleging that the property levied on belonged to it. From a judgment quashing the affidavit, the claimant, appeals. At the September term, 1911, of the court below judgment was rendered against John Black and three others in favor of appellee, H. A. Huston, upon which an execution was issued and placed in the hands of the sheriff, who levied on several pianos in possession and as the property of John Black. An affidavit…
1Opinion of the CourtSmith, C. J.
(After stating the facts as above.) The court below committed no error in overruling the claimant’s motion for the discharge of its bond. It is true that section 4992 of the Code provides that:
“Upon the return of the execution with the affidavit and bond, if any, the court shall, on motion of the plaintiff, in execution, direct an issue to be made up between the parties to try the right of property at the same term, unless good cause be shown for a continuance. ’ ’
—but an issue of this character presupposes a valid affidavit; and we do not understand the statute to require the trial of such…
2Cases cited1 opinion
- White v. RoachMississippi Supreme Court · 1910