Cox v. Ross
Mississippi Supreme Court
ERROR to the Circuit Court of Madison County. Hon. S. S. Calhoon, Judge. A motion was made against the sheriff of Lincoln County, on the ground stated in the opinion of the court. The first plea of the sheriff and his sureties, to the motion against them, denied all and singular the allegations of the motion, and on this plea R. J. Ross, administrator, etc., joined issue. 1. Tha change of venue should have been allowed.
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ERROR to the Circuit Court of Madison County. Hon. S. S. Calhoon, Judge. A motion was made against the sheriff of Lincoln County, on the ground stated in the opinion of the court. The first plea of the sheriff and his sureties, to the motion against them, denied all and singular the allegations of the motion, and on this plea R. J. Ross, administrator, etc., joined issue. 1. Tha change of venue should have been allowed. Code 1871, sects. 227, 522. The motion falls within the statute, because it is a suit (Burr. L. Die., tit. “Suit;” Bouv. L. Die., tit. “ Suit;” 6 Wheat. 407; 2 Pet. 449) ; and…
1Opinion of the CourtChalmeRS, J.
Motion against the sheriff of Lincoln County for failure to-return a fieri facias issued from and returnable to the Circuit-Court of Madison County.
The application for a change of venue was properly denied. 'These motions are determinable in the court to which the process is returnable, and not in the county of the residence of' the defaulting officer. Code 1871, sect. 227.
The pleas filed by the defendant set up, in different shapes, that the plaintiff was not damnified by the failure to return the-execution, because of the insolvency of the judgment-debtor, and for other reasons.
Demurrers…
2Cases cited4 opinions
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