Skinner v. Wilson
Mississippi Supreme Court
Appeal from the Circuit Court of Holmes County. Hon. C. H. Campbell, Judge. In this case the plaintiff did nothing to cause the sheriff’s negligence, but he was urgent, and anxious to have the'writ served and returned according to law.
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Appeal from the Circuit Court of Holmes County. Hon. C. H. Campbell, Judge. In this case the plaintiff did nothing to cause the sheriff’s negligence, but he was urgent, and anxious to have the'writ served and returned according to law. Nothing marks this suit as one of the class pointed out in the opinion in the case of Simms v. Quinn, 58 Miss. 221. Wilson, the sheriff, was so averse to executing and returning the writ, as almost to refuse altogether to have any attempts made. There is nothing in the case to relieve it from the provisions of § 331, Code 1880, harsh as these may bo ; nothing…
1Opinion of the CourtChalmers, J.
Motion against a sheriff for failure to make return of an execution at the proper time. The facts as established by the finding of the judge below are as follows: The execution was issued by the clerk on March 10,1882, returnable on March 27,1882, and handed to the plaintiff in execution in person. He kept the writ in his possession until the twentieth of March and then handed it to the sheriff with a request that it be forthwith executed. I.t then being only seven days before court, the sheriff declined to execute it. Plaintiff insisted that it should be done as a personal favor to him, and…
2Cases cited2 opinions
- Simms, Billups & Co. v. QuinnMississippi Supreme Court · 1880
- Basset & Haydon v. BowmarCourt of Appeals of Kentucky · 1843
3Cited by9 opinions
- W.T. Rawleigh Co., Inc. v. HesterMississippi Supreme Court · 1941
- Watson v. BoyettMississippi Supreme Court · 1928
- City of Wilkes-Barre v. RockafellowSupreme Court of Pennsylvania · 1895
- Bank of Hickory v. MayMississippi Supreme Court · 1918
- Crawford v. Bank of Seminary Ex Rel. WilliamsMississippi Supreme Court · 1937
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